Patna High CourtCR. MISC./18333/2015bail granted

Ashok Kumar Pandit v. State Of Bihar And ANR

2015-10-27Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18333 of 2015 Arising Out of PS.Case No. -1661 Year- 2000 Thana -VAISHALI COMPLAINT CASE District- VAISHALI(HAJIPUR) ====================================================== Ashok Kumar Pandit, Son of Shiv Chandra Pandit, resident of villageLagunia, P.S.- Patori, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Poonam Devi, daughter of Late Jay Mangal Pandit, residing at MohallaRambhadra, P.O.- Hajipur, P.S.-Town Hajipur, District- Vaishali at Hajipur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Opposite Party/s : Mr. C.Sen Pd.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, who is the husband, is apprehending his arrest in connection with Trial No.266/2014 arising out of Complaint Case No.1661 of 2000 for allegedly having committed the offence under Sections 323, 498A, 379 and 494 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Earlier notices were issued under both the processes, namely, ordinary as well as registered cover. However, registered cover has returned, stating that O.P. No.2 is dead. Hence, the case against the petitioner does not survive as there

Patna High Court Cr.Misc. No.18333 of 2015 (7) dt.27-10-2015 2/2 is no one to prosecute the prosecution case.

Considering the aforementioned facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, 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 the learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Trial No.266/2014 arising out of Complaint Case No.1661 of 2000, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T