Pramod Choudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75116 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- MAHILA P.S. District- Banka ======================================================

1. Pramod Choudhary, S/o Late Janardan Choudhary,

2. Urmila Devi, W/o Pramod Choudhary, Both resident of Village- Bajartar, P.S.- Khesar, District- Banka.

3. Anshu Devi, W/o Pankaj Choudhary,

4. Pritee Devi, W/o Niraj Choudhary,

5. Niraj Choudhary, S/o Pramod Choudhary,

6. Pankaj Choudhary, S/o Pramod Choudhary, Petitioner nos. 3 to 6 resident of Village- Bajartar, P.S. Khesar, District- Banka at present resident of Village- Khesar, Police Station- Belhar (Khesar), District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Banka Mahila P.S. Case No. 55 of 2018 for the offence under Sections 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the informant has joined the wedlock with the son of petitioner nos. 1 and 2 and they are living separately from petitioner nos. 1 and 2 and other family members. He submits that the petitioners

Patna High Court Cr.Misc. No.75116 of 2018(2) dt.18-12-2018 2/2 have no criminal antecedent, except petitioner no.1. Considering the aforesaid, the petitioners named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on provisional bail for a period of two months on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Banka in connection with Banka Mahila P.S. Case No. 55 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The court below is directed to verify the fact whether the petitioners are living separately from Ashutosh Choudhary @ Kailu Choudhary or not? If the statement is found to be incorrect, the Court below shall be at liberty to cancel the bail bonds of the petitioners else will make the provisional bail absolute.

(Anil Kumar Upadhyay, J) uday/- U T