Shiv Nath Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23581 of 2019 Arising Out of PS. Case No.-418 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Shiv Nath Mishra, Male aged out 65 years, Son of Bhola Mishra Resident of Village-Narpatnagar, P.S-Sakri, District-Madhubani. 2.

Manorama Devi, Female aged out 50 years, Wife of Shiv Nath Mishra, Resident of Village-Narpatnagar, P.S-Sakri, District-Madhubani. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Jagnnath Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 323, 498(A), 306/34 of the Indian Penal Code. The prosecution case, in brief, is that the victim died in her matrimonial house in other than normal circumstances. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 16-02-2019. Charge sheet has already been submitted. The petitioners have falsely been implicated in the present case. The petitioner No. 1

Patna High Court CR. MISC. No.23581 of 2019(3) dt.08-05-2019 2/2 is father-in-law and the petitioner No. 2 is mother-in-law of the deceased. Prior to institution of the present case, a U.D. case was instituted on the statement of mother of the deceased and she stated that the deceased was mentally ill. She further stated that accidentally she had taken pesticides, due to which, she died. The death of the deceased had taken place in her Naihar. Later on, after a period of 5-6 months, the present case was instituted for oblique reasons.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No. 418 of 2018.

(Sudhir Singh, J) A.K.V.//- U T