Amit Kumar @ Munna @ Amit Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.50583 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50583 of 2015 Arising Out of PS.Case No. -100 Year- 2015 Thana -DIGHWARA District- SARAN ======================================================

1. Amit Kumar @ Munna @ Amit Kumar Singh son of Late Shatrughan Singh resident of village - Sitalpur Babu Tola, P.S. - Dighwara, District - Saran at Chapra..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Pramod Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Dighwara P.S. Case No. 100 of 2015 registered for the offences punishable under Sections 341, 323, 498A and 307 of the Indian Penal Code. The petitioner being the husband of Madhu Kumari the informant, allegedly, used to torture her for non-fulfillment of demand of motorcycle, gold chain, bangles and for that earlier Maniyari P.S. Case No. 86 of 2014 was registered wherein the petitioner was remanded in custody and on the basis of compromise he was released and the informant went to her in-laws house but again the petitioner started torturing her and tried to hang her forcibly.

Submission is of false implication and that there is no eye witness of the occurrence, the petitioner is in custody since

Patna High Court Cr.Misc. No.50583 of 2015 (2) dt.16-12-2015 27.06.2015, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the informant is a very cunning lady and she has maneuvered injury on her person.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tempering with the prosecution evidence and further there is nothing to show that after release the petitioner will influence the trial, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri D. K. Tiwari, J. M. Ist Class, Saran at Chapra in connection with Dighwara P.S. Case No. 100 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T