Manohar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 44323 of 2016 Arising Out of PS.Case No. -111 Year- 2014 Thana -PARASBIGHA District- JEHANABAD ====================================================== Manohar Yadav son of Kauleshwar Yadav, resident of Village- Rasidpur, P.S.- Parasbigha, District- Jehanabad.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Iftekhar Mahmood Mr. Sheo Kumar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.
15-12-2016 Heard Sri Umesh Kumar, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Sheo Kumar Prasad, learned counsel, who has voluntarily appeared on behalf of informant.
The petitioner, husband of the informant and is in custody since 12-07-2016, has prayed for grant of bail in Parasbigha P.S. Case No. 111 of 2014 registered for offence under Sections 498(A), 363/34 of the Indian Penal Code. At the very outset, it was submitted by learned counsel for the petitioner that prior to filing of the present case, the informant in the year 2011 also had filed an F.I.R. against the petitioner and other family members, which was registered as Parasbigha P.S. Case No. 23 of 2011. After investigation in the
Patna High Court Cr.Misc. No.44323 of 2016 (3) dt.15-12-2016 2/2 said case, the case was found untrue and thereafter, police finally submitted final report exonerating all the accused persons. Learned counsel for the petitioner has placed reliance on Annexure 3 series (at page 22) i.e. final report. Learned Addl. Public Prosecutor as well as learned counsel for the informant have opposed the prayer for grant of bail.
However, considering the fact that in 2011 also the petitioner was made accused by the informant and the said case was not found true and the fact that in the present case, the petitioner is in custody since 12-07-2016, there is no reason to deny the prayer for bail.
Accordingly, let the petitioner namely Manohar Yadav be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sandeep Patel, J.M. 1st Class, Jehanabad in connection with Parasbigha P.S. Case No. 111 of 2014. (Rakesh Kumar, J.) Anay U T