Patna High CourtCR. MISC./23289/2020partly allowed disposal

Akhilesh Mishra v. The State Of Bihar

2021-01-11Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23289 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- SINGHWARA District- Darbhanga ====================================================== 1.

Akhilesh Mishra, (Male), aged about 28 years, Son of Raghuvir Mishra 2.

Bhola Mishra (Male), aged about 58 years, Son of Fekan Mishra Both resident of Village- Sanahpur, P.S.- Singhwara, District- Darbhanga. ... ... Petitioners

Versus

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

For the Petitioner :

Mr.Ratanakar Jha, Advocate For the Opposite Party :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-01-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Singhwara P.S. Case No. 100 of 2019, G.R. No. 1745 of 2019 for offences under Sections 302 and 201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioners submits that the petitioner have no criminal antecedents. He submits that so far as petitioner no. 2 is concerned, he is the villager of the deceased and he deserves privilege of anticipatory bail. Considering the fact that petitioner no. 2 is the villager of the deceased, this Court is inclined to grant privilege of anticipatory bail to him. Let petitioner no. 2, above-named, in

Patna High Court CR. MISC. No.23289 of 2020(3) dt.11-01-2021 2/3 the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate5th, Darbhanga, in connection with Singhwara P.S. Case No. 100 of 2019, G.R. No. 1745 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. So far as petitioner no.1 is concerned, learned counsel for the petitioner submits that the victim died due to snake bite and family members of the deceased were informed but they have not attended funeral of the deceased. Petitioner no. 1 is the brother-in-law of the deceased.

So far as petitioner no. 1 is concerned, he is brotherin-law of the deceased against whom there is no specific overt act of causing death of the deceased, the Court is inclined to grant the privilege of anticipatory bail to petitioner no.1, subject to the condition that petitioner no.1 has to deposit Rs.50,000/- in cash. On depositing the amount of Rs.50,000/-, petitioner no.1, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.23289 of 2020(3) dt.11-01-2021 3/3 Additional Chief Judicial Magistrate-5th, Darbhanga in connection with Singhwara P.S. Case No. 100 of 2019, G.R. No. 1745 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.50,000/- (Rupees fifty thousand) shall abide by final outcome of Singhwara P.S. Case No.100 of 2019. (Anil Kumar Upadhyay, J) BT/- U T