Patna High CourtCR. MISC./36123/2015bail granted

Lalbabu Sah v. State Of Bihar And ANR

2015-09-07Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.36123 of 2015 (2) dt.07-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36123 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Lalbabu Sah Son of Sri Kanchan Sah resident of village - Pujahan Patjirwa, P.S. Srinagar Pujahan, District - West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Soni Devi @ Shobha Devi Wife of Lalbabu Sah and Daughter of Sri Motilal Sah resident of village - Pujahan Patjirwa, P.S. Srinagar Pujahan, District - West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the State Mr. R.P.S. Singh (App) For the informant Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

Petitioner being husband of the informant is languishing in jail custody since 12.6.2015 in a case registered under sections 147, 148, 323, 342, 328, 379, 504, 498A of the Indian Penal Code. Admittedly, the above stated case was registered on the basis of complaint petition and in the complaint petition, informant, specifically, stated that she was brutally assaulted by the informant as well as his family members but she did not attach her injury report along with complaint petition.

Moreover, impugned order of learned Sessions Judge reveals that in course of investigation, no injury report was produced

Patna High Court Cr.Misc. No.36123 of 2015 (2) dt.07-09-2015 before I.O.

It would appear that relation of the informant and petitioner was strained much prior to the institution of the present case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Bettiah, West Champaran in Srinagar (Pujahaan) P.S. Case no. 32/2015.

shahid (Hemant Kumar Srivastava,J) U T