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Patna High CourtCR. MISC./27632/2016bail granted

Pramod Rai v. The State Of Bihar

2016-09-08Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.27632 of 2016 (2) dt.08-09-2016 1/2

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27632 of 2016 Arising out of P.S. Case No. - 285 Year - 2015 Thana - DALSINGHSARAI District - SAMASTIPUR ====================================================== Pramod Rai, Son of Ramgani Rai, Resident of Village + P.O. Ashin Chak, P.S. Dalsing Sarai, District Samastipur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lovekush Kumar, Advocate For the Opposite Party : Mr. Sri Parmanand Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehending his arrest in connection with Dalsing Sarai P.S. Case No. 285 of 2015 registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the provisions of Section 304B of the Indian Penal Code will not be attracted in the present case as the petitioner is not a part of the family of the deceased. It is further submitted that, at best, provision of Section 201 of the Indian Penal Code would, at all, be attracted and the allegation is not entirely true. He thus prays for grant of privilege of anticipatory bail.

Patna High Court Cr.Misc. No.27632 of 2016 (2) dt.08-09-2016 2/2 Having considered all the facts and circumstances of the case and the nature of allegation against the petitioner and that the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, be directed to be enlarged 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 Additional Chief Judicial Magistrate, Dalsing Sarai (Samastipur) in connection with Dalsing Sarai P.S. Case No. 285 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Kundan (Anjana Mishra, J.) U T