Pramod Das v. The State Of Bihar

Patna High Court Cr.Misc. No.38081 of 2016 (2) dt.23-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38081 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Pramod Das S/o Sri Butai Das, Resident of village-Wajidpur, P.S.- Ujiyarpur, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Ujiyarpur P.S. Case No. 05 of 2014 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

The petitioner is the Bhaisur (elder brother of the husband) of the deceased and there is general and omnibus allegation that due to non-fulfillment of demand of dowry the husband and otherin-laws including the petitioner strangulated the daughter of the informant with rope, resulting, she died during treatment. Submission is of false implication and that the husband of the deceased has been allowed bail on the basis of compromise, there is no other material against the petitioner and it is further submitted that the father of the petitioner died on 16.09.2016 and as such he deserves sympathetic consideration to which learned

Patna High Court Cr.Misc. No.38081 of 2016 (2) dt.23-09-2016 APP fairly submits that husband has been allowed bail by the court below itself.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of 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, Dalsingsarai, Samastipur in connection with Ujiyarpur P.S. Case No. 05 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T