Mishri Lal @ Mishri Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20063 of 2021 Arising Out of PS. Case No.-730 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Mishri Lal @ Mishri Ray Son Of Nathuni Ray R/O Village- Goura, P.S.- Marhowrah, District- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Pratap Singh For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Session Trial No. 261 of 2020 (arising out of Marhowrah P.S. Case No. 730/2019) registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.

As per the prosecution case, there is allegation on the petitioner along with his family members to have caused death of deceased within severn years of marriage and disposed of her dead body stealthily.

Learned counsel for the petitioner submits that petitioner has

Patna High Court CR. MISC. No.20063 of 2021(2) dt.01-09-2021 2/2 falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that in the instant case five prosecution witnessess have been examined but none of them has supported the prosecution story and they have been declared hostile against the prosecution case. He further submits that similary situated co-accused persons have already been granted bail by different Coordinate Benches of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of this bail petition and he is languishing in custody since 18.05.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Session Trial No. 261/2020 arising out of Marhowrah (Goura) P.S. Case No. 730/2019.

(Anjani Kumar Sharan, J) GAURAV S./- U T