Bittu Kumar Mishra @ Bittu Mishra @ Bittu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.62692 of 2017 (3) dt.24-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62692 of 2017 Arising out of PS.Case No. -298 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bittu Kumar Mishra @ Bittu Mishra @ Bittu Kumar, S/o Dinanath Mishra @ Dinanath Mishar, Resident of Village- Banuchhapar, P.S.- Bettiah Mufassil (Banuchhapar O.P.), District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Manjhaulia P.S. Case No. 298 of 2017 registered for the offence punishable under Sections 302/201 of the Indian Penal Code.

The case of the prosecution is that a dead body was recovered from a box in the river and it was said to be that of one Kajal Kumari, daughter of Shri Dinanath Mishra, who happens to be the father of the petitioner herein. The petitioner has been implicated in the present case upon the confessional statement of the said Dinanath Mishra.

The learned counsel for the petitioner submits that evn as per the confessional statement of the father of the deceased, the

Patna High Court Cr.Misc. No.62692 of 2017 (3) dt.24-01-2018 only allegation against the petitioner is that he had helped in disposal of the dead body. The petitioner has been falsely implicated in the present case and there is no injury on the head of the injured, hence, the allegation levelled against the petitioner regarding assaulting on head is false. It is further submitted that the petitioner has a clean antecedent.

Having regard to the facts and circumstances of the case more particularly the fact that the petitioner is the own brother of the deceased who was killed by her father, I deem it fit and proper to enlarge the petitioner herein on anticipatory bail in the event of his arrest or surrender before the court below within six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 298 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T