Mithilesh Mishra @ Munna Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50288 of 2015 Arising Out of PS.Case No. -506 Year- 2008 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Mithilesh Mishra @ Munna Mishra, Son of Banka Mishra, Resident of Village- Kusha, P.S. - Bhorey, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sangita Devi, wife of Mithilesh Mishra @ Munna Mishra, daughter of Dhurup Deo Upadhyay, Presently residing at Village- Puchphera, P.O. and P.S.- Mirganj, District- Gopalganj.

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

For the Petitioner/s : Mr. Ghulam Rabbani, Adv. For the Opposite Party/s : Mr. Kr.Virendra Narayan(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 01-12-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Mithilesh Mishra @ Munna Mishra, in connection with Complaint Case No.506 of 2008 corresponding to Trial No.7367 of 2015, under Section 498A of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Ghulam Rabbani, learned Counsel for the petitioner, and Mr. Kr. Virendra Narayan, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.50288 of 2015 (2) dt.01-12-2015 2/3 In view of the fact that the accused above-named has been in custody since 25.08.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs.

10,000/- with two sureties, each of the like amount, subject to the satisfaction of the Ashish Mishra, learned Judicial Magistrate, 1st Class, Gopalganj, in connection with Complaint Case No.506 of 2008, corresponding to Trial No.7367 of 2015. This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.50288 of 2015 (2) dt.01-12-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U T