Mithilesh Kumar Yadav @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7485 of 2023 Arising Out of PS. Case No.-188 Year-2020 Thana- RANIGANJ District- Araria ====================================================== Mithilesh Kumar Yadav @ Mithilesh Kumar S/O Ramchandra Yadav Resident Of Village- Mojaha, Ward No.- 14, P.S.- Bhargama, District- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kumari Niwidita W/O Mithilesh Kumar, D/O Late Shambu Nath Yadav Resident Of Village- Kalawatinagar, Ward No.- 06, P.S.- Raniganj, DistrictAraria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 323, 341, 344, 325, 498A, 504, 506/34 of the IPC.

The allegation against the petitioner along with coaccused persons is that they used to torture the informant to grab her property.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the informant due to which he has falsely been implicated in this case. He has got no criminal

Patna High Court CR. MISC. No.7485 of 2023(2) dt.02-05-2023 2/2 antecedent. It is further submitted that the occurrence took place on 20.03.2020 but the FIR was lodged on 28.04.2020 after delay of approximately 38 days without given any cogent reason. The petitioner is languishing in judicial custody since 22.10.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raniganj P.S. Case No. 188 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria.

Learned court is directed to settle the dispute which arose between the parties.

(Sunil Kumar Panwar, J) Manish/- U T