Sanjay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39146 of 2019 Arising Out of PS. Case No.-382 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== SANJAY MISHRA, Son of Nathuni Mishra, Resident of Village- Koirgawan, P.S.- Shikarpur, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP For the informant :

Mr. Abhitabh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner seeks bail in Shikarpur P.S. Case No.382 of 2018 instituted for the offence under Section(s) 302, 201, 120-B Indian Penal Code.

In the written report, it is alleged that son of the informant, Saket Kumar Mishra @ Banti Mishra, was working in the shop in Narkatiyaganj. He did not return on 07.10.2018 till evening. The informant rang on the mobile phone of the deceased but the same was found switched off. On 08.10.2018, dead body of her son was found in a ditch near SSB camp. The informant has alleged that two years prior husband of the informant (Sanjay Mishra), Dewar (Ajay Mishra), Nandoi (Jata

Patna High Court CR. MISC. No.39146 of 2019(3) dt.30-07-2019 2/2 Shankar Choubey) and father-in-law (Nathuni Mishra) had threatened the informant and her son. It is alleged that this petitioner with other accused has killed son of the informant. Counsel for the petitioner submits that this petitioner is husband of the informant. The deceased was his son. The informant has lodged a case under Section 498-A Indian Penal Code against the petitioner and others.

From the entire First Information Report, it appears that mere suspicion has been raised against the petitioner. Petitioner is in custody since 19.10.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No.382 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T