Pramod Kumar Mishra @ Pramod Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11988 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- SARAI RANJAN District- Samastipur ====================================================== Pramod Kumar Mishra @ Pramod Mishra, aged about 26 years (male), Son of Late Nawal Kishore Mishra, Resident of Village - Indrawara, Halai O.P., P.S.- Tajpur, District - Samastipur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the informant, is languishing in custody since 22.04.2018 in a case registered for the offences punishable under Sections 498A, 323 and 307 of the Indian Penal Code and Section 66B of Information Technology (Amendment) Act, 2008.

The prosecution case is that the informant was

Patna High Court CR. MISC. No.11988 of 2019(2) dt.27-02-2019 2/3 married with the petitioner about four years prior to the lodging of the present case. After sometime of marriage, the informant came to know about the illicit relationship of the petitioner with one Rajnandani Devi. On protest being made, the informant was assaulted and throttled by the petitioner.

It is submitted by learned counsel for the petitioner that there is no injury report on record that supports the accusation and investigation has already been concluded. It is further submitted that the petitioner is still ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in paragraph no.12 of the petition, which reads as follows:- "12.That the petitioner is still ready to keep the informant with all respect and dignity provided that the informant is ready to live in her matrimonial house."

Learned APP for the State submits that the thrust of accusation is against the petitioner.

Considering the nature of accusation and investigation already being concluded, let the above named petitioner 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 learned Additional Sessions Judge-III,

Patna High Court CR. MISC. No.11988 of 2019(2) dt.27-02-2019 3/3 Samastipur in connection with Sessions Trial No.563 of 2018, arising out of Sarai Ranjan P.S. Case No.45 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T