Parmeshwar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48037 of 2014 Arising Out of PS.Case No. -45 Year- 2014 Thana -MAHILA P.S District- SUPAUL ======================================================
1. Parmeshwar Pandey S/o Tarkeshwar Pandey R/o Gaudpara, P.S.- Chhatapur, District-Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 03-03-2015 Heard.
The prayer for bail of the petitioner has been rejected by Incharge Adhoc ADJ-II, Supaul in Bail Application No.393 of 2014 by order dated 09.10.2014.
The prosecution was launched through a petition of complaint and what appears undeniably appearing from the contention as also from the record made by the learned Additional Sessions Judge is pointed out by the rejection order, there was dispute between the parties for certain land as the dispute was chronic besides talk the above circumstances the parties had compromised with the intervention of their well-wishers as appears recorded by the learned trial Judge in paragraph-4 of the impugned order. Notwithstanding the allegations, the other
Patna High Court Cr.Misc. No.48037 of 2014 (2) dt.03-03-2015 supporting material in favour of the petitioner was that no FIR was lodged, the lady did not go for medical examination and chose, as was submitted, the most convenient method of launching the prosecution by filing a complaint and sending a copy of the same to the police station for investigation.
Considering the above circumstances and the manner in which the prosecution was launched as also considering the absence of the medical evidence in support of the charges, let the above named petitioner be released on bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of Mukesh Kumar, Judicial Magistrate, Ist Class, Supaul in Mahila Thana P.S.Case No.45 of 2014. (Dharnidhar Jha, J) B.Kr./- U T