Allowed¶7

Amrendra Pandey v. the State of Bihar

Patna HC17 Apr 2025CR. MISC./54324/2024

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No.54324 of 2024; Sourendra Pandey, J; oral order dated 17-04-2025; regular bail allowed; accused Amrendra Pandey; Mahila (Nalanda) P.S. Case No. 113 of 2017; Sessions Trial No. 43 of 2024; Sections 498A, 303, 34 IPC with Section 302 IPC added; wife Guddi Devi set ablaze on 09.06.2017; hostile witnesses PW-2 to PW-4; custody since 11.08.2023; almost 10 prosecution witnesses left; bail bond Rs. 10,000/- with two like sureties; Additional District & Sessions Judge- XI, Nalanda.

What did the court decide?

Release on regular bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional District & Sessions Judge- XI, Nalanda, in connection with Sessions Trial No. 43 of 2024 arising out of Mahila (Nalanda) P.S. Case No. 113 of 2017.

Amrendra Pandey Vs the State of Bihar — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether regular bail should be granted to the petitioner, who is in custody facing trial under Sections 498A, 303 and 34 IPC (with Section 302 IPC added subsequently) in Sessions Trial No. 43 of 2024 arising out of Mahila (Nalanda) P.S. Case No. 113 of 2017.

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Court's answer

The court was inclined to grant regular bail because the witnesses examined at trial had not supported the allegation that the petitioner burnt his wife, the petitioner had been in custody since 11.08.2023, and the status report from the court below showed almost 10 prosecution witnesses still left to be examined.

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Ratio / Principle

The prayer for bail was allowed and the petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge- XI, Nalanda, in Sessions Trial No. 43 of 2024.

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Detailed headnote1 paragraphs

Regular bail granted — Amrendra Pandey, husband of the deceased Guddi Devi, accused in Mahila (Nalanda) P.S. Case No. 113 of 2017 / Sessions Trial No. 43 of 2024 under Sections 498A, 303 and 34 IPC (Section 302 IPC added subsequently) for the alleged burning of his wife on 09.06.2017, was released on bail on a bond of Rs. 10,000/- with two like sureties to the satisfaction of the Additional District & Sessions Judge- XI, Nalanda. The court relied on the fact that witnesses examined at trial (including hostile PW-2 to PW-4) had not supported the allegation that the petitioner burnt his wife, his custody since 11.08.2023, and the status report showing almost 10 prosecution witnesses still to be examined. Single judge: Sourendra Pandey, J; order dated 17-04-2025.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54324 of 2024

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Arising Out of PS. Case No.-113 Year-2017 Thana- MAHILA P.S. District- Nalanda

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

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Amrendra Pandey Son of Late Suresh Pandey Resident of Village - Makhdumpur, Nepura, P.S. - Manpur, District - Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sanjay Parasmani, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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5 17-04-2025

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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2. The petitioner seeks regular bail in connection with Sessions Trial No. 43 of 2024 (arising out of Mahila (Nalanda) P.S. Case No. 113 of 2017), registered for the offences punishable under Sections 498(A), 323, 341, 307 and 34 of the Indian Penal Code and to which Section 302 of the Indian Penal Code was added subsequently.

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3. The prosecution case in brief is that one Guddi Devi gave her fardbeyan that on 09.06.2017, she was cooking food in the morning and serving to her husband. She further stated that her son was playing in front of her house and suffered from Epilepsy and she went to bring him inside, her husband and mother-in-law started abusing and beating her and

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Patna High Court CR. MISC. No.54324 of 2024(5) dt.17-04-2025 2/4

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her sister-in-law also abused her. She further stated that her husband had set her ablaze as a result, she was badly burnt and thereafter, she was subsequently taken to the hospital. Initially, the case was lodged under Sections 498(A), 323, 341, 307 and 34 of the I.P.C. However, during the course of investigation, as the said Guddi Devi had died, the police submitted charge-sheet under Sections 498A, 303 and 34 of the I.P.C.

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4. Learned counsel for the petitioner submits that petitioner is in custody since 11.08.2023 and he has falsely been implicated in this case. He has further stated that report regarding stage of the trial has come which has been brought on record by way of Accexure-3 and from perusal of the same it is evident that PW-1 Sunil Kumar Shastri, who was the maternal uncle of the deceased has supported the case of the petitioner. Similarly, PW-2, PW-3 and PW-4 have been declared hostile. While PW-5 has stated in her examination-in-chief that she had heard the hulla and reached to the house of Guddi Devi and saw that Guddi Devi who was wearing a nighty which had caught fire while she was preparing food. Similarly, PW-6, namely, Sobha Devi has also stated the same fact while PW-7 has also stated that Guddi Devi had died due to the injury sustained while she was cooking food and PW-8 who happens to be the

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Patna High Court CR. MISC. No.54324 of 2024(5) dt.17-04-2025 3/4

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own daughter of Guddi Devi, in her examination-in-chief has stated that fire catched the cloth of her mother while she was cooking food. Learned counsel further submits that during the evidence in the trial almost half of the witnesses who are relatives of the informant have not supported the factum of the petitioner being killed. Lastly, he has submitted that the petitioner is in custody since 11.08.2023 and there is no possibility of the trial concluding in near future.

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5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that petitioner being the husband was duty bound to take care of his wife which he could not do so and hence he does not deserve to release on bail.

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6. Considering the fact that the witnesses who have been examined during the trial has not supported the fact that petitioner has burnt his wife, the petitioner is in custody since 11.08.2023 and also taking into account the status report sent by the Court below in which it has been found that almost 10 prosecution witnesses are still left to be examined, I am inclined to grant the petitioner privilege of regular bail.

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7. Accordingly, the prayer for bail is allowed.

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8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

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Patna High Court CR. MISC. No.54324 of 2024(5) dt.17-04-2025 4/4

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two sureties of the like amount each to the satisfaction of the court of learned Additional District & Sessions Judge- XI, Nalanda, in connection with Sessions Trial No. 43 of 2024 arising out of Mahila (Nalanda) P.S. Case No. 113 of 2017.

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(Sourendra Pandey, J)

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Siwani/-

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U T

Amrendra Pandey v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Amrendra Pandey 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

Procedural history

Parties & counsel

Coram

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