Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 14499 of 2015 Arising Out of PS.Case No. -200 Year- 2011 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Mithilesh Singh son of Sri Krishan Kumar Singh, resident of villageSisauni, Prabodhi, P.S. Sarai, District- Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Smt. Kanak Verma Mr. Prabhat Kumar For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-04-2015 Heard Smt. Kanak Verma, learned counsel, who was assisted by Sri Prabhat Kumar, learned counsel for the petitioner and Sri Sadanand Paswan, learned Special Public Prosecutor. In the present petition, the petitioner has prayed for grant of provision bail only for the purposes of marriage of his daughter, which is going to be solemnized on 27-04-2015. Learned counsel for the petitioner, by way of referring to Annexure '3' i.e. Invitation Card submits that being father of the girl, it is necessary for the petitioner to remain present during the marriage of his daughter. So far as bail on merit is concerned, it was rejected by this Court on 04-10-2013, vide Cr. Misc. No. 32943 of 2013. Subsequently, the petitioner approached the Hon'ble Apex Court against the order of rejection of bail by this

Patna High Court Cr.Misc. No.14499 of 2015 (2) dt.15-04-2015 2/2 Court, which was dismissed on 08-10-2014, vide Annexure '2A' to the present petition. Accordingly, there is no question for allowing the bail on merit. However, keeping in view the fact that marriage of petitioner's daughter is going to be solemnized on 27th April, 2015, the petitioner can be directed to be released provisionally for specified period.

Accordingly, let the petitioner, namely; Mithilesh Singh be enlarged provisionally on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Trial Court (Special Judge), Vaishali at Hajipur in connection with Gr. No. 4825 of 2011/Tr. No. 309 of 2015 (arising out of Sarai Police Station Case No. 200 of 2011), on a condition that one of the bailor would be wife of the petitioner and second bailor would be son of the petitioner. The petitioner is directed to be released on bail with a direction that he will surrender on or before 4th of May, 2015. After 4th May, 2015, the bail-bond in the present case shall stand automatically cancelled.

The petition stands disposed of.

(Rakesh Kumar, J.) Anay/- U T