Sukali Mishra @ Sukali Shandilya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1962 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ====================================================== Sukali Mishra @ Sukali Shandilya, son of Dayanath Mishra, Resident of Village- Bhawanipur, P.S. Rangra, District- Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party : Mr. Sanjay Kumar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Gopalpur (Rangra) P.S Case No. 157 of 2016 registered for the offences punishable under Sections 304(B)/120(B)/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. It is submitted on behalf of the petitioner that petitioner is the Bhaisur of the deceased and he is living separately from the deceased and her husband, having no concerned with their family affairs, all the family members have been implicated in this false case. The husband of the deceased has informed the informant through telephone regarding the death of the daughter of the informant, but thereafter the informant lodged this false case. The husband is already in custody, as such, the petitioner deserves

Patna High Court Cr.Misc. No.1962 of 2017 (2) dt.20-01-2017 2/2 sympathetic consideration as he is in custody since 19.09.2016, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned A.P.P. opposes the prayer of bail, but fairly submits that the petitioner is the Bhaisur of the deceased. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. - III, Naugachia, District- Bhagalpur, in connection with Gopalpur (Rangra) P.S. Case No. 157 of 2016, 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.) Rajiv/- U T