← Library
Patna High CourtCR. MISC./60742/2022allowed

Pramod Kumar @ Pramod Kumar Rai v. The State Of Bihar

2023-01-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60742 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- NADI P.S. District- Patna ====================================================== 1.

PRAMOD KUMAR @ PRAMOD KUMAR RAI Son of Late Yogendra Rai Resident of Village- Fatehganjpur, P.S.- Nadi, District- Patna 2.

MAHENDRA KUMAR @ MAHENDRA RAI Son of Late Yogendra Rai Resident of Village- Fatehganjpur, P.S.- Nadi, District- Patna 3.

SEEMA DEVI Wife of Pramod Kumar @ Pramod Kumar Rai Resident of Village- Fatehganjpur, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

The allegation against the petitioner is that they alongwith their family members killed the daughter of the informant by hanging her with ceiling fan, due to non-fulfillment of demand for dowry.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. The allegation

Patna High Court CR. MISC. No.60742 of 2022(2) dt.10-01-2023 2/2 levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. The petitioner no.1 and 2 are the brother-in-laws and petitioner no.3 is the gotani of the deceased. He further submits that the husband of the petitioner was in custody in the case but he has been released on default bail u/s 167(2) of Cr.PC. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nadi P.S. Case No.120 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T