Deb Narayan Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77235 of 2019 Arising Out of PS. Case No.-303 Year-2019 Thana- GOGRI District- Khagaria ====================================================== 1.
Deb Narayan Pandit, Son of Gholat Pandit, 2.
Jaymala Devi @ Jaymala Devi Devi Wife of Deb Narayan Pandit 3.
Pappu Pandit, Son of Deb Narayan Pandit 4.
Sharavan Pandit, Son of Deb Narayan Pandit, All are resident of Village-Gopalpur, P.S.-Gogri, District-Khagaria. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Binod Kumar, Advocate For the Opposite Party :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-06-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing and perused the case diary.
By way of the present application, the petitioners have sought for pre-arrest bail in connection with Gogri P.S. Case No.303 of 2019 registered for the offence punishable under Sections 304B read with 34 of the Indian Penal Code. It is contended on behalf of the petitioners that the story as alleged against the petitioners is palpably false and fabricated and far from truth. The petitioner no.1 is father-inlaw, petitioner no.2 is mother-in-law and petitioner nos. 3 and 4
Patna High Court CR. MISC. No.77235 of 2019(3) dt.24-06-2020 2/3 are brothers of the husband of the deceased. They are living separately since long and they have no concern with day-to-day affairs of the husband of the deceased. In the case diary, it has clearly been stated by several witnesses that due to quarrel between the husband and wife, the deceased bolted the room from inside and committed suicide. It is further contended that from perusal of the FIR, it would be evident that on 10.09.2019, the informant was informed about the occurrence and when he came, dead body of the deceased was there and no attempt was made to tamper with the evidence.
Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. Considering the submissions advanced at the Bar and the materials available in the case diary appearing from the statement of the independent witnesses recorded in several paragraphs, the petitioners, who were granted provisional prearrest bail vide order dated 27.11.2019, are directed to be released on bail in the event of their arrest or surrender on furnishing fresh bail bond of Rs.25,000/- (rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No.303 of 2019 subject to the
Patna High Court CR. MISC. No.77235 of 2019(3) dt.24-06-2020 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.) Sanjeet/- U T