Patna High CourtCR. MISC./30965/2014bail granted

Jitendra Mishra v. The State Of Bihar

2015-01-27Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.30965 of 2014 (2) dt.27-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30965 of 2014 Arising Out of PS.Case No. -140 Year- 2013 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Jitendra Mishra S/o Late Surya Deo Mishra resident of village- Telathu, P.S.- Hussainganj, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Hussainganj P.S. Case No. 140 of 2013 registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

Allegedly, the petitioner assaulted his mother with danda on her left thigh and further pressed her neck and ordered Kusum Devi to assault and then Kusum Devi assaulted her. The occurrence took place due to some land dispute. Submission is that co-accused Kusum Devi has been allowed pre-arrest bail, Title Partition Suit No. 160 of 1981 has been compromised against which the petitioner has preferred title

Patna High Court Cr.Misc. No.30965 of 2014 (2) dt.27-01-2015 appeal which is pending. It has further been submitted that for the occurrence of 25.6.2013 FIR has been lodged on 2.7.2013 which casts serious doubt on the prosecution story as there is no explanation for such delay in filing the FIR. In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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, Siwan in connection with Hussainganj P.S. Case No. 140 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T