Pramod Chaudhary @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29611 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Pramod Chaudhary @ Pramod Kumar Son of Shri Chaudhary, resident of Village- Akauna, P.S.- Pakribarawan, District- Nawada (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate For the State : Kumar Veerendra Naryan, A.P.P. For the Informant : Mr. Rajesh Kumar Sinha,Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Nawada Mahila P.S.Case No. 02/2017 registered for offences punishable under Sections 498 (A), 494/34 of the Indian Penal Code and 3/4 Dowry Prohibition Act.

The prosecution case as lodged by the informant Babi Devi is that after marriage she lived very well in her in-laws house with the petitioner but after some time the petitioner along with his family members have demanded Rupees one Lac and due to non fulfillment of demand of dowry, the petitioner has performed second marriage with one Phulwa Devi.

Patna High Court Cr.Misc. No.29611 of 2017 (2) dt.11-07-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and he is ready to keep the informant with full dignity and honour as his legally wedded wife and there is no demand of dowry and the petitioner is in jail since 13.04.2017.

However, learned counsel for the informant submits that the second marriage has been performed by family members, which is evident from the statement made before the Sarpunch and that the informant is not ready to live in her matrimonial house as his life is in danger, hence opposes the prayer for bail. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and materials on record, let the petitioner above named, be released on provisional bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M.-III, Nawada in connection with Nawada Mahila P. S. Case No. 02/2017, subject to the condition that the petitioner will appear before the Court of learned Additional Chief Judicial Magistrate-III, Nawada on 23rd July, 2017 and the learned Court below after noticing the informant will confirm the provisional bail of the petitioner on satisfaction of making one

Patna High Court Cr.Misc. No.29611 of 2017 (2) dt.11-07-2017 3/3 time settlement between the petitioner and the informant failing which the learned Court below will be liberty to cancel the bail bonds of the petitioner.

(Nilu Agrawal, J) Sudha/- U T