Patna High CourtCR. MISC./43314/2016bail granted

Ganesh Choudhary v. The State Of Bihar

2016-10-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43314 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Ganesh Choudhary, son of Late Gudari Choudhary, resident of VillageDoharadih, Police Station- Shahkund, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bails arises out of Shahkund Police Station case No. 65 of 2016, disclosing offences under Section 304B/34 of the I.P.C.

Petitioner is father-in-law of the deceased.

Learned counsel appearing on behalf of the petitioner has submitted, referring to the First Information Report, that mentioning of demand of dowry before the death of the deceased in the F.I.R is apparently an act of superimposition. He has submitted that the allegation, whatever, in the First Information Report is general and vague.

Considering the fact that there is no specific allegation of demand of dowry, this application is allowed. Let the petitioner

above named in the event of his arrest/surrender within four weeks from today in the Court below 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 the learned Sub-Divisional Judicial Magistrate, Bhagalpur in Shahkund P.S. case No. 65 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U