Sanjeev Mishra v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3280 of 2019 Arising Out of PS. Case No.-1774 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sanjeev Mishra, Son of Lalu Mishra, Resident of Village - Azizpur, Bahilwara, Dakshni Bhual, PS Saraiya, Distt- Muzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Pooja Devi alias Puja Mishra, Wife of Sanjeev Mishra Resident of Ajitpur, PS- Saraiya, District Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-01-2019 Heard both sides.

Petitioner apprehends his arrest in Complaint Case No.1774 of 2017 for the offence allegedly committed by the petitioner under Section 498A of the Indian Penal Code. The complainant filed Complaint Case No.238 of 2017 in the court of learned S.D.J.M., West Muzaffarpur and the same was sent for registration and investigation and on which Saraiya P.S. Case No.83 of 2017 was registered. The police after investigation submitted final form finding the case false. Thereafter the complainant filed protest petition on which after enquiry prima facie case under Section 498A of the Indian Penal Code was registered against the petitioner.

Patna High Court Cr.Misc. No.3280 of 2019(2) dt.24-01-2019 2/2 Learned counsel for the petitioner submits that the petitioner never married with the complainant. Entire allegation is false and concocted.

Having considered the facts that the police after investigation has submitted final form finding the case false against the petitioner and others and thereafter the case proceeded on protest, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 S.D.J.M., West Muzaffarpur in connection with Complaint Case No.1774 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T