Pravesh Mehta @ Nanhka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7223 of 2017 Arising Out of PS.Case No. -320 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Pravesh Mehta @ Nanhka, Son of Shiv Poojan Mehta Resident of VillageMahua Shahid, P.S. Town, District Aurangabad (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 21.10.2016 in connection with Aurangabad (Town) P.S. Case No. 320 of 2016 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the father of the victim, is that his daughter was married to the petitioner in the year 2006. It has been alleged by the informant that petitioner and his family members have burnt his daughter for dowry.

Patna High Court Cr.Misc. No.7223 of 2017 (2) dt.15-03-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, has committed no offence, as children in paragraph 34 of the case diary have stated that their mother has committed suicide by burning herself. It has further been submitted that the postmortem report also specifies death due to burn. It is further submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is the husband and has been named in the First Information Report, hence, opposes the prayer for bail. Considering the facts and circumstances and the materials on record and that charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Aurangabad (Town) P.S. Case No. 320 of 2016, subject to the condition that petitioner will appear before the police/ Court on each and every date and his failure to appear on two consecutive

Patna High Court Cr.Misc. No.7223 of 2017 (2) dt.15-03-2017 3/3 dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T