IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23110 of 2011
Daya Shankar Mishra @ Mithilesh Kumar Mishra, Son of Jaymangal
Mishra, R/V Tenant in the hosue of Ramsudin Yadav, Fulvatika, New
Yarpur, P.S. Gardanibagh, District Patna.
---------- Petitioner
Versus
The State Of Bihar
-------- Opposite Party
------------------
03/- 09.09.2011 Heard Mr. Shekahr Kr. Singh learned counsel for the
petitioner and Mr. Damodar Pd. Tiwary learned Additional Public
Prosecutor for the State, who is armed with carbon copy of the
case diary.
The petitioner apprehends his arrest in connection
with a case registered for the offence punishable under Sections
341, 323, 379, 420 of the Indian Penal Code, is one of the named
accused in this case with allegation of assault to the informant and
also withdrawing a sum of Rs. 7,00,000/- from her account.
Submission is that from paragraph no. 30 of the case
diary, it is evident that no amount was withdrawn from the account
of the informant and further informant and petitioner both in fact
were living as husband and wife and due to some petty dispute, the
present case was instituted.
Considering the facts and circumstances of the case,
in the event of his arrest/surrender before the court below within
four weeks, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Patna, in connection with Kadam Kuan P.S.
Case No. 110 of 2011, G.R. No. 1783 of 2011, subject to condition
laid down under Section 438(2) of the Criminal Procedure Code
with additional condition to remain physically present before the
court below on each and every date at least for two years or till
disposal of the case, whichever is earlier, in case of failure on two
consecutive dates, without giving any reasonable explanation, the
liberty granted shall be deemed to be cancelled.
Praveen/ ( Akhilesh Chandra, J.)