Patna High CourtCR. MISC./42639/2016bail granted

Suresh Manjhi v. State Of Bihar And ANR

2016-09-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42639 of 2016 Arising Out of PS.Case No. -607 Year- 2010 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Suresh Manjhi Son of Baldeo Manjhi Resident of village- Athkurwa, P.S.- Tankuppa, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Intar Devi D/o shamlal Manjhi Resident of village- Budhi, P.S.- Mufassil, District- Gaya .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the complainant is languishing in custody since 23.7.2016 in a complaint case in which process has been directed to be issued after cognizance being taken under Sections 498A of the Indian Penal Code. The basic accusation is of torture.

Learned counsel for the petitioner submits that though the complaint case was filed in 2010 but bailable and non-bailable warrants of arrest have been issued in 2016 and the petitioner was arrested on 23.7.2016.

There is nothing on record to suggest that there is any progress in trial after arrest of the petitioner.

Patna High Court Cr.Misc. No.42639 of 2016 (2) dt.29-09-2016 2/2 Considering the nature of accusation, 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 ACJM III, Gaya in connection with Complaint Case No. 607 of 2010.

Since the complaint was filed in 2010 and the petitioner was arrested on 23.7.2016, the learned court below will be at liberty to cancel the bail bonds of the petitioner in case the petitioner defaults without any reasonable cause on two consecutive occasions.

(Dinesh Kumar Singh, J) Anil/- U T