Brijesh Kumar Mishra @ Brajesh Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49405 of 2018 Arising Out of PS.Case No. -1746 Year- 2017 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN (MOTIHARI) ====================================================== Brijesh Kumar Mishra @ Brajesh Mishra, S/o Bali Ram Mishra, resident of Village- Hashanpur, P.S. Kotwa, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sapna Devi, W/o Brijesh Kumar Mishra @ Brajesh Mishra, D/o Chandrika Dube at present residing at Village- Barwa, P.S.- Sangrampur, District- East Champaran.

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

For the Petitioner : Mr. Pramod Kumar Pandey, Advocate. For the State : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2018 Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 1 of the bail application, in course of the day.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 3⁄4 of the D.P. Act.

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.49405 of 2018 (2) dt.10-08-2018 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 counsel for the State, 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, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 S.D.J.M. Sadar, Motihari, in connection with Tr. No. 2111/18, arising out of C-Case No. 1746/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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