Allowed¶17

Pankaj Kumar v. The State of Bihar

Patna HC14 Aug 2024CR. MISC./16878/2024

Case brief

AI extract

What is this about?

Regular bail granted; IPC Sections 304B and 34; alleged dowry-death murder of informant's daughter; Khizersarai P.S. Case No. 303 of 2023, District Gaya; bail bond Rs. 25,000 with two like sureties; custody since 04.08.2023; charges already framed; counsel claimed death was suicide (door locked from inside); condition of daily trial attendance, bonds cancellable after two consecutive absences; CR. MISC. No. 16878 of 2024; Patna High Court; Anjani Kumar Sharan, J.; order dated 14-08-2024.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending/the Successor Court, subject to a condition of physical presence in court on every trial date. ¶17

Pankaj Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused in Khizersarai P.S. Case No. 303 of 2023 (District Gaya) of an offence punishable under Sections 304B and 34 of the IPC — alleged murder of the informant's daughter over non-fulfillment of a dowry demand — should be enlarged on bail.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail in connection with Khizersarai P.S. Case No. 303 of 2023.

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Ratio / Principle

Bail is subject to a condition that the petitioner shall remain physically present in court on each and every date during trial; failure on two consecutive dates without sufficient reasons renders his bail bonds liable to cancellation by the concerned court below.

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Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.), by order dated 14-08-2024 in Crl. Misc. No. 16878 of 2024, allows the bail application of Pankaj Kumar, husband of the deceased, arraigned in Khizersarai P.S. Case No. 303 of 2023 (District Gaya) for offences punishable under Sections 304B and 34 of the IPC — the prosecution alleging murder of the informant's daughter on the pretext of non-fulfillment of a dowry demand. Bail is granted on furnishing a bond of Rs. 25,000/- with two sureties of the like amount each, conditioned on personal appearance in court on every trial date, default on two consecutive dates without sufficient reason making the bonds liable to cancellation. Counsel for the petitioner had contended the death was suicide (door locked from inside; body found hanging, per paras 33-34 of the case diary), that charges were already framed, and that the petitioner had been in judicial custody since 04.08.2023 with no criminal antecedent; the Learned APP opposed the prayer.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16878 of 2024

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Arising Out of PS. Case No.-303 Year-2023 Thana- KHIJARSARAI District- Gaya

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======================================================

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Pankaj Kumar S/o Chaudhary Das @ Chaudhary Ravi Das @ Chowdhary Das R/o vill - Sadhu Nagar, P.S. - Khizersarai, Distt. - Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Y.C. Verma, Sr. Adv Mr. Ramakant Akela, Adv For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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5 14-08-2024

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Heard learned senior counsel for the petitioner and

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learned A.P.P. for the State.

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The petitioner seeks bail in connection with a case registered for the offence punishable u/s 304B, 34 of the IPC.

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As per the prosecution case, the petitioner is said to have committed the murder of informant’s daughter on the pretext of non-fulfillment of demand for dowry.

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It is submitted by learned senior counsel for petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case as he happens to be the husband of deceased. There is general and omnibus allegation against petitioner. There is no

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Patna High Court CR. MISC. No.16878 of 2024(5) dt.14-08-2024 2/3

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allegation against petitioner to tamper the evidence. He submitted that this is a case of suicide and not of a murder because as per para-33 and 34 of the case diary, police went to house of the petitioner and found that the door of the room of deceased was locked from inside. The policemen broke the wall near the door of her room and found that the deceased was hanging from a fan. He further submitted that charges have already been framed against the petitioner. The petitioner has no criminal antecedent and has been rotting in judicial custody since 04.08.2023.

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Learned APP for the State opposed the prayer for bail.

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Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Khizersarai P.S. Case No.303 of 2023, subject to the following condition:

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(i) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his

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Patna High Court CR. MISC. No.16878 of 2024(5) dt.14-08-2024 3/3

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bail bonds shall be liable to be cancelled by the learned court

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concerned.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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