← Library
Patna High CourtCR. MISC./42982/2023allowed

Pramod Kumar v. The State Of Bihar

2023-08-04Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 42982 of 2023 Arising Out of PS. Case No.-295 Year-2021 Thana- DHANARUA District- Patna ====================================================== PRAMOD KUMAR son of Munarik Yadav @ Mundrika Prasad VillageMahadevbigha PS- Dhanarua Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Birendra Kumar, Advocate For the Opposite Party/s :

Mr Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2 The petitioner apprehends his arrest in connection with Dhanarua PS Case No 295 of 2021 dated 06.09.2021 instituted under Sections 304B, 201/34 of the Indian Penal Code.

3 As per the prosecution case, the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry. 4 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He is Gotiya of the husband of the victim and they are separated in mess and living separately for more than 25 years. He has been

Patna High Court CR. MISC. No.42982 of 2023(2) dt.04-08-2023 2/2 named in the FIR on the suspicion only. He has no criminal antecedent. Other similarly situated co-accused persons, namely, Bachiya Devi @ Sakila Kumari and Soni Devi have been granted anticipatory bail by this Court vide orders dated 28.11.2022 and 20.12.2022 passed in Cr Misc No 40213 of 2022 and Cr Misc No 53866 of 2022 respectively.

5 Learned APP opposes the prayer for anticipatory bail.

6 Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Masaurhi, Patna in connection with Dhanarua PS Case No 295 of 2021, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) M.E.H./- U T