Pramod Sao @ Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2743 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- RAFIGANJ District- Aurangabad ====================================================== PRAMOD SAO @ PRAMOD KUMAR, SON OF LATE NAND KISHOR SAO VILLAGE- GORDIHA, P.S.- RAFIGANJ, DISTRICTAURANGABAD. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Adv.
Mr. Ramanuj, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-03-2021 Heard both parties.
The petitioner seeks bail in Rafiganj P.S. Case No. 147/2020, registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.
As per prosecution case, daughter of informant was married to Manoj Kumar three years ago. It is alleged that due to non-fulfillment of demand of dowry, all the accused persons including the petitioner used to mentally and physically torture the daughter of informant. It is further alleged that on 27.06.2020, informant got information by the villagers of his daughter that his daughter has been killed by her husband and in-laws. Thereafter, informant along with others came to the matrimonial house of his daughter and found burnt dead body of his daughter.
Patna High Court CR. MISC. No.2743 of 2021(2) dt.09-03-2021 2/3 It has been submitted on behalf of the petitioner that petitioner is elder brother of the husband of deceased. There is general and omnibus allegation against this petitioner. It is further submitted that petitioner and his brothers are living separately. Petitioner runs a cycle shop. It is submitted that in fact, deceased caught fire and she died on the way to hospital. Husband of the deceased is already in custody.
Petitioner is in custody since 28.06.2020.
Considering the fact that petitioner is Bhaisur of the deceased and there is general and omnibus allegation against him, the petitioner, above-named, is 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 learned Chief Judicial Magistrate, Aurangabad, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to
Patna High Court CR. MISC. No.2743 of 2021(2) dt.09-03-2021 3/3 move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) rakhi/- U T