Chhotu Mishra v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2221 of 2022 Arising Out of PS. Case No.-227 Year-2015 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== CHHOTU MISHRA Son of Mahanand Mishra Resident of Village - chhoti Makhnahi, P.S. Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar @Deepak Sahay For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 328, 302, 120(B)/34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith other F.I.R. named accused persons committed murder of daughter of the informant by administering her poison. It is submitted on behalf of petitioner that in the postmortem report, doctor has not found any poison and viscera has been kept reserved. It is further submitted that there is no allegation of any demand of dowry and there is general and omnibus allegation against all the accused persons including this petitioner and he is in custody since 17.08.2021.

Patna High Court CR. MISC. No.2221 of 2022(4) dt.09-05-2022 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner happens to be husband of the deceased. In the post-mortem report, injury of assault on the person of deceased has also been found. Deceased died at her matrimonial home in an unnatural circumstances. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T