Santosh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7258 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -MAHILA PS District- DARBHANGA ====================================================== Santosh Mishra, S/o Late Srinath Mishra, Resident of Village -Tarauni Bari, P.S.- Bahera, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Kaushik, Advocate For the Opposite Party/s : Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 5 12-08-2015 Learned counsel for the petitioner seeks permission to make necessary correction in para 6 and prayer portion of the application.

Leave is granted.

Heard learned counsel for the petitioner, learned counsel for the State and learned senior counsel for the informant.

The petitioner seeks anticipatory bail in connection with Darbhanga Mahila P.S. Case No. 62 of 2014 registered for the offences punishable under Sections 323 and 498-A read with 34 of the Indian Penal Code.

It is contended that there is no truth behind the

Patna High Court Cr.Misc. No.7258 of 2015 (5) dt.12-08-2015 2 / 2 allegation made in the FIR and since the informant refused to live with the petitioner, the petitioner filed a Matrimonial Case bearing No. 150 of 2014 before the learned Principal Judge, Madhubani for dissolution of marriage on 29.05.2014 and, thereafter, the instant case was registered as a counter blast to the aforesaid matrimonial case dated 29.05.2014. Learned senior counsel appearing for the informant has vehemently opposed the prayer for bail.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of four weeks from today, the petitioner is directed to be released on anticipatory 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 Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Darbhanga Mahila P.S. Case No. 62 of 2014 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T