Pramod Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.32844 of 2016 (6) dt.09-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32844 of 2016 Arising Out of PS.Case No. -901 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Pramod Chaudhary son of Jagdev Chaudhary resident of Abdul Nagar Madhopur, P.S.- Ahiyapur, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-05-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ahiyapur Police Station Case No. 901 of 2015/ G.R. No. 5123 of 2015, disclosing offences under Sections 304-B/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, happens to be the husband of the deceased, is of clean antecedent has not committed offence whatsoever alleged in the F.I.R. In fact, the petitioner has never demanded dowry nor he assaulted the deceased ever. The Post Mortem report also does not supports the prosecution version. Moreover, a compromise has been arrived at between the parties, which is

Patna High Court Cr.Misc. No.32844 of 2016 (6) dt.09-05-2017 evident from annexure-3 of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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, Muzaffarpur, in connection with Ahiyapur Police Station Case No. 901 of 2015/ G.R. No. 5123 of 2015, subject to the condition that one of the bailor shall be the informant of this case and also the condition laid down under Section 438 (2) of the Code of Criminal Procedure. .

(Arvind Srivastava, J.) brajesh/- U T