Janardan Harizen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46332 of 2014 Arising Out of PS.Case No. -95 Year- 2013 Thana -SANOKHAR District- BHAGALPUR ====================================================== Janardan Harizen Son of Ram Harizen Resident of Village - Masudanpur, P.S. - Andanda (O.P.), District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Satyavarta Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is the husband of the deceased Manjula Devi and has been in custody since16.12.2013 in Sanokhar P.S. Case No.95/13 for the offences under Sections 328, 302 and 494 of the Indian Penal Code.

The allegation against the petitioner is that he had remarried with another girl, Mangali and the deceased being the first wife was subjected to torture.

It is submitted on behalf of the petitioner that there is no cogent material in the case diary to connect the petitioner with the present case nor any of the witnesses has come to support the prosecution story. It is further submitted that during course of

Patna High Court Cr.Misc. No.46332 of 2014 (3) dt.16-02-2015 2/2 the trial witnesses have turned hostile. It is further submitted that the petitioner has already remained in custody for more than 14 months, as such, he deserves to get privilege of bail and he undertakes to cooperate in the trial.

Considering the aforesaid submissions and also the fact that there is no cogent material against this petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Ad hoc Additional District Judge- Ist Bhagalpur, in S.T. No.319/14 arising out of Sonakhar (Andanda) P.S.Case No.95/13.

(Anjana Mishra, J) AnilKrSinha/- U T