Patna High CourtCR. MISC./15488/2019disposed

Munna Sah @ Chandan Kumar v. The State Of Bihar

2019-03-15Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15488 of 2019 Arising Out of P.S. Case No.-312 Year-2018 Thana- LAURIA District- West Champaran ====================================================== MUNNA SAH @ CHANDAN KUMAR (Male), aged about 35 years, Son of Rajdeo Prasad @ Bhulan Sah Resident of Village- Parau Tola (Bankatwa), P.S.- Lauriya, District- West Champaran, Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 12.01.2019 in connection with Lauriya P.S.Case No.312 of 2018 for the offence alleged under Sections 447, 341, 323 and 498A/34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that all the accused persons including the petitioner who is the husband of the informant assaulted her with lathi and phatha and also pressed her neck to kill her and also sprinkled kerosene oil on her for which she was treated in the hospital. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court CR. MISC. No.15488 of 2019(2) dt.15-03-2019 2/2 has falsely been implicated in the aforesaid case. He is ready to keep his wife with full dignity and honour, will never indulge in such act and will never assault her in future. However, learned APP for the State opposes the prayer for bail.

Considering that the petitioner is ready to keep his wife with full dignity and honour, let the petitioner file an affidavit before the learned Additional Chief Judicial Magistrate-Ist, West Champaran, Bettiah in connection with Lauriya P.S.Case No.312 of 2018 with an undertaking to keep the informant with full dignity and honour and on the satisfaction of the learned court below, the petitioner would be released on bail.

Application is disposed of accordingly.

(Nilu Agrawal, J) B.Kr./- U T