Manish Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6368 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- CHHABILAPUR District- Nalanda ====================================================== MANISH MISTRY, Son of Jagdish Mistry, Resident of Village - Kanchanpur, P.S.-Chhabilapur, District- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Chhabilapur P.S. Case No.67 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code.

In the written report, it is alleged that husband of the informant had gone to market to get household articles, but he did not return. The informant was informed in the morning by the villagers that dead body of her husband was thrown beside the road near Mahto Sangha village and his motorcycle was lying beside the dead body. It is further alleged in the written report that deceased had fallen in love with Sarita Devi @ Mansa Mai and this petitioner had introduced the deceased with Sarita Devi.

Patna High Court Cr.Misc. No.6368 of 2019(3) dt.06-02-2019 2/2 Counsel for the petitioner submits that besides suspicion there is no specific allegation against the petitioner. Counsel for the informant has submitted that the informant in her re-statement and other witnesses in their statements have stated that there was dispute between the petitioner and the deceased on account of money transaction for which he had given threat to the deceased. This fact also finds mention in the impugned order.

In this manner, from the impugned order, it appears that in those paragraphs of the case diary mere suspicion has been raised against the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 7th, Biharsharif, Nalanda, in connection with Chhabilapur P.S. Case No.67 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T