Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28587 of 2023 Arising Out of PS. Case No.-331 Year-2022 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Pramod Kumar, Son Of Rajdeo Yadav, Resident Of Village- Atiya, PsMagadh University , Disttt- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Magadh University (M.U.) P.S. Case No. 331 of 2022 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code. He has got no criminal antecedent.

As per the prosecution story, the informant's daughter was married to Pappu Kumar in the year 2014 and at the time of marriage, the informant had given gifts worth Rs. 10,00,000/- to the family of Pappu Kumar. After a lapse of time, the informant got to know that his daughter's husband always remains in intoxicating condition harassing his daughter for giving him money. On 14.10.2022 at about 07:00 A.M., he received a phone call from the father of Pappu Kumar informing him about his

Patna High Court CR. MISC. No.28587 of 2023(2) dt.07-07-2023 2/3 daughter's death. It is alleged that the husband of the deceased along with his family members assaulted her and killed her by pressing her neck.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that this petitioner is the younger brother of the husband of the deceased and is living separately. It is also submitted that the husband of the deceased is already in custody.

Learned APP for the State has opposed the anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is submitted that this petitioner is the younger brother of the husband of the deceased who is living separately in mess and business and the husband of the deceased is already in custody since long, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner shall be released on bail in connection with Magadh University (M.U.) P.S. Case No. 331 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Gaya, subject to the conditions as

Patna High Court CR. MISC. No.28587 of 2023(2) dt.07-07-2023 3/3 laid down under Section 438(2) of the Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) lekhi/- U T