Premchandra Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.54562 of 2017 (2) dt.16-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54562 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Premchandra Prasad, Son of Late Ashalal Prasad, Resident of VillageBaisakhawa, Police Station- Kesaria, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 The petitioner seeks regular bail in connection with Paharpur P.S. Case No. 02 of 2017, registered for offences punishable under Sections 498A, 328, 307, 313 & 326 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Petitioner is father in law of the informant and allegation against the petitioner and others is of forcibly try to administer poison to the informant for demand of dowry.

It has been submitted on behalf of the petitioner that out and out false and fabricated allegation has been made and no such occurrence has ever taken place and though there is allegation that petitioner and others tried to administer poison to the informant, however, the poison was not administered to her. Petitioner has been in custody since 22.06.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.54562 of 2017 (2) dt.16-11-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, in connection with Paharpur P.S. Case No. 02 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T