Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5639 of 2018 Arising Out of PS.Case No. -80 Year- 2017 Thana -MAHILA PS District- JEHANABAD ====================================================== Pramod Kumar S/o Ajay Sharma, resident of village- Neuri, P.S. and P.O. Bihta, District-Patna, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saket Anand, Advocate : Mr. Sayed Imran Ghani, Advocate For the State : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks pre-arrest bail in connection with Jehanabad Mahila P.S. Case No.80 of 2017 registered under Sections 498A, 341, 323, 379, 506 and 504/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioner that the instant case has been instituted by the informant on account of the fact that the petitioner had filed Matrimonial Divorce Case No.798 of 2017 on 24.07.2017 which was admitted on 03.08.2017 with further order to issue notice to the informant. After the notice was issued on 10.08.2017 and served to the

Patna High Court Cr.Misc. No.5639 of 2018 (2) dt.09-02-2018 2/2 informant, she filed the present case on false ground of cruelty, desertion and demand of dowry.

On the other hand, learned counsel for the informant submitted that merely because a matrimonial case was filed by the petitioner prior to the institution of the FIR would not minimize the offence alleged. He submitted that there are serious allegations in the FIR that after marriage the petitioner was subjecting the informant to cruelty for non-fulfillment of demand of dowry. Keeping in mind the facts and circumstances of the case and the submissions made on behalf of the parties, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released 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, Jehanabad in connection with Jehanabad Mahila P.S. Case No.80 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T