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Patna High CourtCR. MISC./34331/2015bail granted

Harendra Prasad v. The State Of Bihar

2015-10-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34331 of 2015 Arising Out of PS.Case No. -166 Year- 2011 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Harendra Prasad S/o Dhodha Prasad Resident of Village Katharwa Tola, Police Station Yogapatti, District West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 328/304(B)/201/34 of the Indian Penal Code.

As per the prosecution story, the petitioner along with others, is said to have killed the deceased Lal Muni Devi by administering poison due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. Petitioner is in custody since 05.06.2015. Chargesheet has been submitted in the present case. From perusal of the para 17, 18, 19, 26 and 27 of the case diary, it is evident that the deceased was pregnant and in course of

Patna High Court Cr.Misc. No.34331 of 2015 (3) dt.05-10-2015 P2/2 her treatment she died. Petitioner has falsely been implicated in this case. The independent witnesses have not supported the allegations made against the petitioner.

It has been submitted on behalf of the State that petitioner is named in the First Information Report. Considering the facts aforesaid, the petitioner above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Yogapatti P.S. Case No. 166 of 2011.

(Sudhir Singh, J) Saif/- U T