Pawan Mistri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63733 of 2024 Arising Out of PS. Case No.-187 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== Pawan Mistri Son of Late Sukhdeo Mistri Resident of Village- Pananiyha, P.S.- Imamganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 291 of 2022296/2023 arising out of Imamganj P.S. Case No. 187 of 2021 dated 28.11.2021 registered for the offences punishable u/ss 302 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged to have committed murder of his wife.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the deceased. There is
Patna High Court CR. MISC. No.63733 of 2024(4) dt.17-02-2025 2/2 no eyewitness to the alleged occurrence. It is further submitted that no prior complaint in respect of torture, harassment and assault has been made against the petitioner. It is further submitted that the trial court has reported vide letter no. 188 of 2024 dated 26.09.2024, the charge has already been framed till date and no prosecution witness has been examined yet. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.11.2021.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sherghati, Gaya in connection with S. Tr. No. 291 of 2022-296/2023 arising out of Imamganj P.S. Case No. 187 of 2021.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T