Pramod Kumar @ Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28541 of 2017 Arising Out of PS.Case No. -36 Year- 2014 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Pramod Kumar @ Pramod Sah S/o Chulhai Sah, Resident of Village+ P.O.- Dumari, Vaya- Silant, P.S.- Mushhari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 302/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner in conspiracy with each other killed the daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the brother-in-law of the deceased. He is separate in mess and property from the husband of the deceased.

Patna High Court Cr.Misc. No.28541 of 2017 (2) dt.01-07-2017 2/2 Subsequently in course of trial, the informant has retracted from his earlier statement and has stated that the deceased had committed suicide. Other witnesses, who have been examined during trial, have declared hostile. Other co-accused has been granted bail vide Annexure-3 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 8th Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No.755 of 2014 arising out of Mushahari P.S. case No.36 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T