Pramod Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38256 of 2018 Arising Out of PS.Case No. -182 Year- 2017 Thana -RAGHOPUR District- SUPAUL ====================================================== Pramod Thakur, Son of Bhola Thakur, Resident of Parasama, P.S.- Raghopur, District- Supaul.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Raghopur P.S. Case No. 182 of 2017 for offences punishable under Sections 304B, 120(B), 201, 34 of the Indian Penal Code. The prosecution case by way of Complaint Case No. 345 (c) of 2017 has been lodged against the petitioner who is the husband and other family members stating therein that the marriage between the complainant-informant's daughter Soni Kumari was solemnized with the petitioner two and half years back and a son has been born out of the wedlock. After the marriage, the petitioner and his family members started demanding motorcycle and Rs. 50,000/- and ultimately on
Patna High Court Cr.Misc. No.38256 of 2018 (2) dt.06-07-2018 2/3 01.08.2017, the petitioner along with his family members have killed her daughter and was planning to cremate the dead body. It has been submitted by the learned counsel for the petitioner that he is innocent just because he is the husband, he has been made accused in the present case. He submits that although the date of occurrence is 01.08.2017, complaint which was later sent to the police for lodging F.I.R. under Section 156 (3) Cr.P.C. has been filed on 20.09.2017 and no plausible explanation for such inordinate delay has been explained. He further submits that independent witnesses have not supported the prosecution story and the informant and the husband participated in the last rite and as an afterthought, out of mischief, the present case has been lodged. He submits that charge-sheet has been submitted and the petitioner undertakes to cooperate in the trial on day to day basis. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Additional Chief Judicial Magistrate, Birpur (Supaul) in connection with Raghopur P.S. Case No. 182 of 2017, subject to
Patna High Court Cr.Misc. No.38256 of 2018 (2) dt.06-07-2018 3/3 the conditions that:
(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T