Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64596 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== SANTOSH KUMAR, aged about 45 years (Male), Son of Agnideo Singh, Resident of Village - Madhaul, P.S.- Maniyari, Distt.- Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Rashmi Devi, W/o Santosh Kumar, Resident of Village - Machhoul Kakra, P.S.- Maniyari, Distt.- Muzaffarpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Pawan Kumar Singh, Advocate.

For the State :

Mrs.Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 307, 498(A) and 506 of the IPC.

The prosecution story, in brief, is that on 04.05.2019 at about 10.00 P.M., the petitioner came in drunken condition at home and said the informant to flee away with child otherwise he will kill her. On refusal by her, petitioner assaulted her with Iron rod. In the meantime, her daughter Aayushi came to save her mother, petitioner pushed her and assaulted in lower portion of mouth dislocated. Both thigh of the informant sustained

Patna High Court CR. MISC. No.64596 of 2019(2) dt.17-10-2019 2/2 injuries. The informant was admitted at Sadar Hospital, Muzaffarpur.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 26.07.2019. Charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is the husband of the informant. There is no injury report in respect of offence under Section 307 of the I.P.C. Rests of offences are triable by the Magistrate. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Muzaffarpur, in connection with Maniyari P.S. Case No. 108 of 2019.

(Sudhir Singh, J) U.K./- U T