Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46252 of 2015 Arising Out of PS.Case No. -38 Year- 2013 Thana -BENA District- NALANDA (BIHARSHARIFF) ====================================================== Santosh Prasad Son of Late Prasadi Mahto Resident of village - Harihar Bigha, P.S. Ven, District - Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Upendra Kumar, Advocate For the Opposite Party/s : Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Ven P.S. Case No. 38 of 2013 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. Allegedly, the petitioner being the husband took away his wife to withdraw the amount from Parbalpur Post Office and thereafter his wife became traceless and then the daughter of the petitioner lodged this case.

Submission is of false implication and that earlier there was no dispute between the petitioner and his wife, out of

Patna High Court Cr.Misc. No.46252 of 2015 (4) dt.29-02-2016 2/3 the wedlock there was two daughters and one son but the son died and since then the wife of the petitioner was under depression, the occurrence was of 24.01.2013 but the informant lodged this case on 02.03.2013 only with a view to implicate the petitioner and grab the property, during investigation nothing legal and cogent material has come, charge-sheet has been submitted under Section 364/34 of the Indian Panel Code. Learned A.P.P. opposes the prayer of bail by submitting that the petitioner only with a view to marry again made his wife traceless as the wife and the informant were protesting. In the facts and circumstances stated above, considering detention of the petitioner, the above named petitioner is directed to be released on bail on execution of bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Ven P.S. Case No.

Patna High Court Cr.Misc. No.46252 of 2015 (4) dt.29-02-2016 3/3 the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) ajaypd./- U T