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Patna High CourtCR. MISC./27038/2018bail granted

Anjun Mistry And ANR v. The State Of Bihar

2018-07-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27038 of 2018 Arising Out of PS. Case No.-9 Year-2016 Thana- GAYA MUFFSIL District- Gaya ======================================================

1. Anjun Mistry, S/o Late Rameshwar Mistry

2. Savitri Devi, W/o Arjun Mistry Both resident of VillageMasautha, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 326/307/498(A)/34 of the Indian Penal Code and in which Section 304(B) IPC was added later on. Allegation against the petitioners is of committing torture, assault and thereafter committed murder of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioners are in custody since 24.01.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have been made

Patna High Court Cr.Misc. No.27038 of 2018(5) dt.10-07-2018 2/2 accused due to mistake of fact. The informant in his statement under Section 164 Cr.P.C. has retracted from the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 09 of 2016 (G.R. No. - 121 of 2016).

(Sudhir Singh, J) Pankaj/- U T