Pramod Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29335 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pramod Prasad Sah, S/o Late Bishundeo Sah, R/o Vill.- Kawalpur, P.S.- Turkaulia, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Adan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kotwa P.S. Case No. 39 of 2018 registered under Sections 323, 498-A, 313/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Petitioner along with other accused persons are said to have demanded dowry from the informant and subjected her to various sorts of torture resulting into miscarriage of three months old baby of the informant.

It is submitted by learned counsel for the petitioner that the petitioner happens to be father-in-law of the informant. He has no concern with the aforesaid occurrence. He has neither made any demand of dowry nor subjected her to any sort of torture. He

Patna High Court Cr.Misc. No.29335 of 2018 (03) dt.23-05-2018 - 2 - does not happen to be beneficiary of the dowry demand. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no medical report to support the allegation for constituting offence under Section 313 of the Indian Penal Code. The petitioner has been languishing in custody since 16.03.2018. Co-accused, namely, Anita Devi, Pragya @ Choti Kumari, Vandana Devi and Rupesh Sah have been enlarged on bail by a co-ordinate bench of this court vide order dated 11.05.2018 passed in Cr. Misc. No. 29414 of 2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Kotwa P.S. Case No. 39 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T