Allowed

Pramod Mishra v. The State of Bihar

Patna HC2 Apr 2024CR. MISC./20019/2024

Case brief

AI extract

What is this about?

Regular bail application under sections 306, 323, 341, 506 and 34 IPC and sections 3 and 4 Dowry Prohibition Act arising from a daughter-in-law's suicide. Considering over four months' custody and submission of chargesheet, the court enlarged the petitioner on bail.

What did the court decide?

Petitioner enlarged on bail on furnishing bail bond of Rs.10,000 with two sureties of like amount to satisfaction of ACJM-IX, Patna.

Pramod Mishra Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20019 of 2024

¶2

Arising Out of PS. Case No.-1087 Year-2023 Thana- SHASTRINAGAR District- Patna

¶3

======================================================

¶4

Pramod Mishra S/o Late Rajendra Mishra R/o vill - Gangwara, P.S. - Runnisaidpur, Distt. - Sitamarhi, Bihar Presently residing at House No. 35, Raod No. 1A, Mohalla - Shivpuri, P.S. - Shastri Nagar, Patna, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamal Nayan Choubey, Sr. Advocate Mr. Prashant Kumar, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

¶9

2 02-04-2024

¶10

Heard learned Senior counsel for the petitioner

¶11

and learned APP for the State.

¶12

The petitioner has preferred this application for

¶13

grant of regular bail in connection with Shastri Nagar P.S. Case no.1087 of 2023 registered under sections 306, 323, 341, 506 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

¶14

As per the prosecution case, the informant states

¶15

that he received information about his daughter hanging herself and having died. It is stated that on receiving this information, he reached her sasural. The informant states that his daughter was married to the son of the petitioner. The accused persons including the petitioner herein were regularly demanding dowry

¶16

Patna High Court CR. MISC. No.20019 of 2024(2) dt.02-04-2024 2/3

¶17

and used to torture and assault her for non-fulfillment of the same.

¶18

Learned Senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason of his being the father-in-law of the deceased. Admittedly, the informant is not an eye witness of the occurrence. The allegations of demand of dowry and torture etc. are all false and concocted. It is submitted that it is a case of suicide and it is for this reason that even the F.I.R. was registered under section 306 of the Indian Penal Code besides other sections. The petitioner, who has no criminal antecedent, is in custody since 11.11.2023. As per oral instructions received, the husband of the deceased has moved the learned Court below for anticipatory bail vide ABP no.563 of 2024 which is pending before the learned Additional District and Sessions Judge 18^th , Patna.

¶19

Heard learned A.P.P. for the State.

¶20

Having heard learned counsel for the parties and having perused the material on record, taking into consideration the allegations against this petitioner in the F.I.R., the F.I.R. having been registered under section 306 of the Indian Penal Code besides other sections, the petitioner being in custody for

¶21

Patna High Court CR. MISC. No.20019 of 2024(2) dt.02-04-2024 3/3

¶22

more than 4 months since 11.11.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Shastri Nagar P.S. Case no.1087 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IX, Patna.

¶23

(Partha Sarthy, J)

¶24

Saurabh/-

¶25

U T

Pramod Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pramod Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Naresh Mohan Jha Vs The State Of Bihar and Ors.

Saif Ali Ansari Vs The State of Bihar

Rakesh Rai Vs The State of Bihar

Mahesh Rai Vs The State of Bihar

Rinki Devi Vs The State of Bihar

Himanshu Kumar Vs the State of Bihar