Purnanand @ Anand Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.60 of 2016 Purnanand @ Anand Mishra S/o Ashok Mishra Aged About 26 Years R/o Shanti Nagar, Ward No. 1, Sahaspur Lohara, Police Station & Tahsil Sahaspur Lohara, Civil & Rev. Distt. Kabirdham, Chhattisgarh.

---- Petitioner

Versus

State Of Chhattisgarh Through District Magistrate / Station House Officer, Police Station Sahaspur Lohara, District Kabirdham, Chhattisgarh. ---- Respondent For Petitioner :

Shri Dharmesh Shrivastava, Adv.

For Respondent/State :

Shri Neeraj Sharma, Dy.GA.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/01/2016 The applicant has preferred this application under Section 438 of Cr.P.C., apprehending his arrest in connection with Crime No.81/2015, registered at Police Station-Sahaspur Lohara, District Kabirdham for alleged commission of offence under Sections 294, 506-B, 323 of IPC.

2.

Case of the prosecution is that the applicant and other accused including his mother-in-law harassed and subjected the complainant to cruelty in connection with demand of dowry.

3.

Learned counsel for the applicant submits that the allegation of physical assault are against the mother-in-law namely Ragini, who has been granted anticipatory bail by the Supreme Court.

4.

On the other hand, learned State counsel opposed the prayer for grant of bail. 5.

Taking into consideration the submission of learned counsel for the parties as

also upon perusal of the case diary, I am inclined to grant anticipatory bail to the applicant.

6.

Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/ with one local surety in the like sum to the satisfaction of the arresting officer, on the following conditions that: (I) he shall make himself available for interrogation by a police officer as and when required;

(ii) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer, and (iii) he shall cooperate with the investigation as and when he is called.

Sd/- Manindra Mohan Shrivastava Judge Tumane