Guriya Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17369 of 2021 Arising Out of PS. Case No.-872 Year-2015 Thana- MOTIHARI TOWN District- East Champaran ====================================================== GURIYA MISHRA W/o Late Ganganand Mishra Resident of Ward No.22, Agarwa, P.S.- Town, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Motihari Town P.S. Case No. 872 of 2015, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, informant is wife of the deceased and she alleged that some unknown miscreants committed murder of her husband while he was sleeping in his house.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case due to village

Patna High Court CR. MISC. No.17369 of 2021(2) dt.08-07-2021 2/3 politics. Petitioner is none else than wife of deceased and the informant of this case, but during course of investigation without there being any objective material, she has been made accused in this case. It is further submitted that during trial three witnesses were examined, but they have not supported the prosecution case. Co-accused Vijay Thakur who is alleged to be the main assailant of the deceased has been granted bail by this Hon'ble Court vide order dated 30.09.2020 passed in Cr. Misc. No. 24188 of 2020 (Annexure-3). Petitioner claims clean antecedent and she is in custody since 25.12.2015. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town P.S. Case No.

Patna High Court CR. MISC. No.17369 of 2021(2) dt.08-07-2021 3/3 cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T