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Patna High CourtCR. MISC./86405/2023allowed

Pramod Chaubey @ Pramod Kumar Choubey v. The State Of Bihar

2024-04-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86405 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- ITARHI District- Buxar ====================================================== 1.

Pramod Chaubey @ Pramod Kumar Choubey Son Of Late Siddhanath Choubey R/O Vill - Sukarwaliya, P.S. - Itrahi, P.O. - Sukarwaliya, Distt. - Buxar, Bihar 2.

Manoj Choubey @ Manoj Kumar Choubey Son Of Late Siddhanath Choubey R/O Vill - Sukarwaliya, P.S. - Itrahi, P.O. - Sukarwaliya, Distt. - Buxar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Nath, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code.

3. Petitioners, who are Bhasur of the informant, are said to have ousted the informant from her matrimonial home in association of their family members over the dowry demand.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the husband of the informant died on

Patna High Court CR. MISC. No.86405 of 2023(4) dt.16-04-2024 2/2 26.09.2022 and after nearly 10 months of the death of her husband the informant has filed the present case. He submits that petitioners are ready to keep the informant along with her daughter in her matrimonial home. He further submits that petitioners have three criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the informant oppose the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the petitioners are ready to keep the informant along with her daughter, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Itarhi P.S. Case No. 162 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T