Patna High CourtCR. MISC./4546/2018bail granted

Sanjay Mishra v. State Of Bihar And ANR

2018-03-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4546 of 2018 Arising Out of PS.Case No. -1843 Year- 2016 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Sanjay Mishra, S/o Lalan Mishra, R/o Village- Pinjroyee, P.S.- Sandesh, District- Bhojpur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kiran Devi, W/o Sanjay Mishra , R/o Village- Pinjroyee, P.S.- Sandesh, District- Bhojpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ravindra Kumar, Advocate. For the State : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is languishing in custody since 07.09.2017 in a case for the offence registered under Sections 498(A) and 494 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.4546 of 2018 (4) dt.27-03-2018 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Bhojpur, Ara, in connection with Complaint Case No.

1843C/2016.

U.K./- (Sudhir Singh, J) U T