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Patna High CourtCR. MISC./78461/2018bail granted

Manoj Sah v. The State Of Bihar

2019-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78461 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Manoj Sah, Son of Ramashray Sah, resident of Village- Vishunpur, P.S.- Chakiya, District- East Champaran, Motihari, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 This is an application for grant of anticipatory bail in connection with Chakiya P.S. Case No. 08 of 2018, disclosing offences under Sections 323, 341, 494, 498(A), 504, 506 read with Section 34 of the Indian Penal Code.

Allegation against the petitioner, who happens to be the husband of the informant, is of subjecting her to cruelty and harassment with respect to demand.

Submission of learned counsel for the petitioner is that the marriage was solemnized about 11 years ago and though it is alleged that after six months of marriage petitioner started torturing her, but the case has been lodged in the year 2018 and the whole case is false and concocted and he has not married with another lady.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.78461 of 2018(2) dt.09-01-2019 2/2 Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XIII, East Champaran, Motihari, in connection with Chakiya P.S. Case No. 08 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is further subject to the condition that if any case for maintenance is being filed by the informant, the petitioner shall cooperate in the said maintenance case, otherwise the informant will be free to move for cancellation of the bail bonds of the petitioner before the learned court below itself. (Vinod Kumar Sinha, J) Amjad/- U T