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Patna High CourtCR. MISC./36422/2021bail granted

Suraj Mishra @ Suraj Kumar Mishra v. The State Of Bihar

2022-01-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36422 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== SURAJ MISHRA @ SURAJ KUMAR MISHRA S/o Sudheer Mishra R/o village- Ramdiri, Ward No. 8, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sahebpur Kamal Police Station Case No. 14 of 2021, registered for the offences punishable under Sections 420/495/376/504/506 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner visited the house of the informant and represented himself as the person of the same caste and proposed to marry with the daughter of the informant and on the basis of the representation made by the petitioner, the daughter of the informant was married to the petitioner. However,

Patna High Court CR. MISC. No.36422 of 2021(2) dt.07-01-2022 2/3 subsequently, the informant and his daughter came to know that the petitioner was married from before having one girl child. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case at the behest of one Manikant Mishra, who has grabbed the landed property near the temple and which was being objected by the petitioner's uncle. He further submits that there is no proof of the alleged marriage. He further submits that the petitioner is in custody since 10.01.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted, the trial is not likely to be concluded in near future and the petitioner is in custody since 10.01.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.36422 of 2021(2) dt.07-01-2022 3/3 learned Chief Judicial Magistrate, Begusarai, in connection with Sahebpur Kamal Police Station Case No. 14 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √