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Patna High CourtCR. MISC./42683/2015bail granted

Suresh Prasad Vishwakarma v. The State Of Bihar

2015-09-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42683 of 2015 Arising Out of PS.Case No. -76 Year- 2015 Thana -JAMALPUR District- MUNGER ====================================================== Suresh Prasad Vishwakarma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Kumar Gupta For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the uncle (Fufa) of the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 506, 504, 448, 323, 379 and 498A of the Indian Penal Code.

The basic accusation is of torture. It is alleged against all the accused persons including the petitioner that they assaulted the informant and her son when petitioner inserted the revolver in the mouth of the informant.

It is submitted by learned counsel for the petitioner that the petitioner has been roped in the present case only because he is the relative of the husband of the informant. On the alleged date of occurrence, the petitioner was travelling to Delhi with his family and the petitioner has no connection with informant's in-laws

Patna High Court Cr.Misc. No.42683 of 2015 (2) dt.10-09-2015 2/2 family and maliciously the accusation has been levelled. There is no injury report on record either of the informant or her son and the thrust of accusation is against the husband of the informant. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger in connection with Jamalpur P.S. Case No. 76 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T