Patna High CourtCR. MISC./57474/2018bail granted

Mukesh Kumar v. The State Of Bihar

2018-10-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57474 of 2018 Arising Out of PS.Case No. -168 Year- 2017 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Mukesh Kumar S/o Ram Indar Sah, R/o Vill.- Dumma, P.S.- Tariyani, District- Shivhar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Tariyani P.S.Case No. 168 of 2017 registered under Sections 353, 504 & 506 of the Indian Penal Code.

It is submitted that no occurrence as alleged in the FIR had ever taken place. The informant has instituted the case suppressing the fact that he is uncle-in-law of the petitioner and the petitioner had some differences with his wife. It is further contended that even otherwise the ingredients of only non-bailable offence punishable under Section 353 of the IPC are not attracted in the present case.

Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioner.

Patna High Court Cr.Misc. No.57474 of 2018 (2) dt.08-10-2018 2/2 Considering the nature of allegation and submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S.Case No. 168 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/Sneha U T