Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56735 of 2019 Arising Out of PS. Case No.-222 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== PRADEEP KUMAR Son of Narendra Prasad Resident of Village-Hragawa, P.S-Manpur, District-Nalanda, at present residing at Nalanda Colony, P.SLaheri, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anju Mishra For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-09-2019 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of this application within course of the day.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laheri P.S. Case No.222 of 2018 registered under Sections 304B/34 of the Indian Penal Code.

The accusation is of torturing and causing assault to the deceased, the daughter of the informant, by her husband (petitioner) and other in-laws for non-fulfillment of the dowry demand of cash Rs.5,00,000/-. While the deceased was admitted to Jeevan Jyoti

Patna High Court CR. MISC. No.56735 of 2019(2) dt.11-09-2019 2/2 Super Speciality Hospital, Nalanda, Biharsharif, for treatment but she died there.

Learned counsel for the petitioner submits that, admittedly, the petitioner is the husband of the deceased. In fact, the deceased became ill due to diarrhea and she was admitted to Jeevan Jyoti Super Speciality Hospital, Nalanda, Biharsharif, for treatment but she died there. With an ulterior motive, the informant has lodged this false case. Further submission is that in the post-mortem examination of the deceased, cause of death could not be ascertained. After realizing the real fact, the informant, who is the father of the deceased, has filed compromise petition in the court of the Chief Judicial Magistrate, Nalanda at Biharsharif on 18.06.2019.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda, Biharsharif, in connection with Laheri P.S. Case No.222 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T