Munna Dewan @ Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75532 of 2018 Arising Out of PS. Case No.-256 Year-2018 Thana- LAURIA District- West Champaran ====================================================== Munna Dewan @ Munna Sah S/o Raz Dewan R/o Village Padraun P.S. Lauriya,Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Lauriya P.S. Case No. 256 of 2018 registered for the offence punishable under Sections 323, 498A of the Indian Penal Code and 37(b) of Prohibition and Excise Act. Informant has alleged that marriage of his elder sister was solemnized with petitioner 20 years before and he used to assault his elder sister after consuming liquor in the night. In the night of 16.08.2018 also petitioner assaulted his elder sister after consuming liquor to which she disclosed him on telephone and thereafter lodged the FIR against petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.75532 of 2018(2) dt.17-12-2018 2/2 Petitioner has no criminal antecedent and he is in custody since 19.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, in connection with Lauriya P.S. Case No. 256 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T