Prasuman Pandey @ Prasuman Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73231 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- JALALPUR District- Saran ====================================================== Prasuman Pandey @ Prasuman Kumar Pandey Son of late Vibhishan Pandey Resident of Village- Ganga Kanhauli, P.S. Jalalur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Jalalpur P.S. Case No. 72 of 2018, disclosing offences under Sections 302, 498A/34 of the Indian Penal Code. The petitioner is the husband of the deceased. According to the case of the prosecution, the informant, who is the brother of the deceased, had received information from the petitioner that the deceased had committed suicide, whereafter the informant went his sister's place and found her dead. Learned senior counsel, appearing on behalf of the petitioner, has submitted that as a matter of fact, the deceased had committed suicide due to some issues including her mental condition. He has also submitted that the allegations made in the

Patna High Court Cr.Misc. No.73231 of 2018(2) dt.21-12-2018 2/2 first information report, such do not constitute an offence under Section 302 of the Indian Penal code.

Considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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, Saran in Jalalpur P.S. Case No. 72 of 2018-, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U