Pramod Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20019 of 2024 Arising Out of PS. Case No.-1087 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== Pramod Mishra S/o Late Rajendra Mishra R/o vill - Gangwara, P.S. - Runnisaidpur, Distt. - Sitamarhi, Bihar Presently residing at House No. 35, Raod No. 1A, Mohalla - Shivpuri, P.S. - Shastri Nagar, Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Nayan Choubey, Sr. Advocate Mr. Prashant Kumar, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-04-2024
1. Heard learned Senior counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Shastri Nagar P.S. Case no.1087 of 2023 registered under sections 306, 323, 341, 506 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the informant states that he received information about his daughter hanging herself and having died. It is stated that on receiving this information, he reached her sasural. The informant states that his daughter was married to the son of the petitioner. The accused persons including the petitioner herein were regularly demanding dowry
Patna High Court CR. MISC. No.20019 of 2024(2) dt.02-04-2024 2/3 and used to torture and assault her for non-fulfillment of the same.
4. Learned Senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason of his being the father-in-law of the deceased. Admittedly, the informant is not an eye witness of the occurrence. The allegations of demand of dowry and torture etc. are all false and concocted. It is submitted that it is a case of suicide and it is for this reason that even the F.I.R. was registered under section 306 of the Indian Penal Code besides other sections. The petitioner, who has no criminal antecedent, is in custody since 11.11.2023. As per oral instructions received, the husband of the deceased has moved the learned Court below for anticipatory bail vide ABP no.563 of 2024 which is pending before the learned Additional District and Sessions Judge 18th, Patna.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and having perused the material on record, taking into consideration the allegations against this petitioner in the F.I.R., the F.I.R. having been registered under section 306 of the Indian Penal Code besides other sections, the petitioner being in custody for
Patna High Court CR. MISC. No.20019 of 2024(2) dt.02-04-2024 3/3 more than 4 months since 11.11.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Shastri Nagar P.S. Case no.1087 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IX, Patna.
(Partha Sarthy, J) Saurabh/- U T