IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33680 of 2010
JITENDRA PANDIT @ MANTU PANDIT @ JITENDRA KUMAR
Versus
STATE OF BIHAR
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2. 11.10.2010. Heard learned counsel appearing on behalf
of the petitioner and the learned counsel
appearing on behalf of the State.
The petitioner apprehends his arrest in
Chapra Town P.S.Case No.164 of 2007
(U.T.No.312/2009) for the offences punishable
under sections 498A, 304B/34 of the Indian Penal
Code.
Learned counsel for the petitioner
submits that the marriage between the petitioner
and the victim lady Manju Devi took place in
March 2002. It is submitted that it was an
accidental death by burn injury and for which
initially information was given by the father of
the victim girl on 31.5.2007 placed at Annexure-2
of the present application. The father of the
victim lady, i.e. wife of the petitioner, has
categorically stated in the said fardbeyan that
his daughter caught fire in course of cooking and
that this petitioner also got burn injury in the
process of saving her and they were both admitted
in the general ward of the hospital. It is stated
2
that the father of the victim girl having given
this statement on 31.5.2010 changed his stand
after the death of his daughter and instituted
the present case giving rise to the Case No.164
of 2007 which was subsequently registered as
F.I.R. under section 156(3) of the Code of
Criminal Procedure. The police, after
investigation, submitted final form which is
placed at Annexure-4. The informant, i.e. the
father of the victim girl filed a protest
petition and upon which the cognizance was taken
against the accused persons which led to the
filing of the present application.
Learned counsel, thus, submits that the
initial statement made by the father of the
victim on 31.5.2007, i.e while the wife of the
petitioner was alive, is by itself sufficient
proof of the non-involvement of the petitioner in
the alleged offence.
Taking into consideration the circumstances and submissions of the learned counsel, let petitioner Jitendra Pandit alias
Mantu Pandit alias Jitendra Kumar, in the event
of his arrest or surrender within four weeks from
the date of receipt/production of a copy of this
order, be released on furnishing bail bond of
3
Rs.10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of Sri
Rakesh Mishra, Judicial Magistrate, Ist class,
Chapra in connection with Chapra Town P.S.Case
No.164 of 2007, subject to the conditions as laid
down under section 438(2) of the Code of Criminal
Procedure.
ahk (Jyoti Saran, J)