Patna High CourtCR. MISC./23447/2017bail granted

Sudhir Kumar Mishra v. The State Of Bihar

2017-05-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23447 of 2017 Arising Out of PS.Case No. -79 Year- 2015 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sudhir Kumar Mishra, son of Shyam Shanker Mishra, Resident of VillageMahmatpur, P.S.- Lalganj, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is languishing in custody since 13.02.2017 in connection with Pipra P.S. Case No. 79 of 2015 for the offences instituted under Sections 498(A), 313, 307 and 406 of the IPC. The prosecution story, in brief, is that the marriage of the informant, namely, Purnima Devi was solemnized with this petitioner on 13.07.2013 as per Hindu rites and rituals and her father has given various articles worth Rs. 3,50,000/- in the marriage. After marriage the accused persons started torturing the informant due to non-fulfilment of dowry demand. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.02.2017. There is no allegation of

Patna High Court Cr.Misc. No.23447 of 2017 (2) dt.24-05-2017 2/2 tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner has falsely been implicated in the present case. A divorce case is also pending between the parties. Learned counsel for the petitioner has further relied a judgment in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the learned counsels for the informant and the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. East Champaran in connection with Pipra P.S. Case No. 79/2015. (Sudhir Singh, J) U.K./- U T