Dinesh Pandey @ Dinesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83132 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== DINESH PANDEY @ DINESH KUMAR PANDEY, aged about 41 years, Male, S/o Late Ramchandra Pandey, R/o village- Pachrukhi, P.S.- Lalganj, District- Vaishali ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ranjeet Kumar, Adv.

For the Opposite Party :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Lalganj P.S. Case No. 315 of 2019, registered under Section 304B/34 of the Indian Penal Code.

The accusation is that marriage of Dolly Kumari, daughter of the informant, Bindeshwar Choudhary, was performed with the petitioner before two years. After marriage, his daughter went to her sasural with gifted articles, but, thereafter, demand of motorcycle and gold chain was being made and for that she was being tortured through various ways. Before 15 days, he went to the sasural of his daughter and tried to convince the in-laws of his daughter showing the poor financial position, but, he was forced to return there. In the morning of 30.08.2019 he received information from unknown

Patna High Court CR. MISC. No.83132 of 2019(2) dt.09-01-2020 2/3 person that his daughter and one year old grand-daughter have been killed. He, along with villagers, went to the sasural of his daughter and found the dead body of his daughter and granddaughter. Learned counsel appearing on behalf of the petitioner submits that admittedly the petitioner is the husband of the deceased, Dolly Kumari, petitioner is a Constable in Central Reserve Police Force and on the date of occurrence he was posted at Gwalior. After receiving the information about committing suicide by his wife, along with her baby, he proceeded from there getting Indigo flight on 30.08.

2019 and reached at his house same day in the night, as such, petitioner was not present at the house at the time of occurrence as he was at his duty place at Gwalior since before the day of occurrence. After realising the real fact, the informant has filed the compromise petition in the Court of the Additional Chief Judicial Magistrate, XIV, Vaishali at Hajipur, on 13.11.2019. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Lalganj P.S. Case No. 315 of 2019 shall be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.83132 of 2019(2) dt.09-01-2020 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XIV, Vaishali at Hajipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T