Mritunjay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11670 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- SIKTI District- Araria ====================================================== Mritunjay Kumar Mishra Son of Surendra Mishra Resident of VillageBelbari, Police Station- Sikty (Bardaha), District-Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sikty (Bardaha) P.S. Case No. 283 of 2023 dated 15.11.2023 registered for the offence punishable under Section(s) 302/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the victim is wife of this petitioner and the marriage of this petitioner with the victim was solemnized 18 years ago, in fact, the victim was suffering from some mental disorder and she was undergoing medical treatment and in this regard, the victim's three children recorded their statement before the investigating officer supporting the said mental disorder of her. Further submissions

Patna High Court CR. MISC. No.11670 of 2024(2) dt.28-02-2024 2/2 are that though the FIR was registered under section 302 of IPC but after the investigation, the police concluded that the victim committed suicide and consequently filed chargesheet under section 306 of IPC and petitioner has been languishing in jail since 16.11.2023.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case and considering the above submissions and mainly the facts that the victim's marriage with this petitioner was solemnized 18 years ago and the petitioner has been chargesheeted for the offence under Section 306 of the IPC, in my opinion, in the said circumstances, the petitioner deserve to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Sikty (Bardaha) P.S. Case No. 283 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T