Purshottam Mishra @ Purshottam Kumar Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11389 of 2016 Arising Out of PS.Case No. -111 Year- 2008 Thana -LAKHNAUR District- MADHUBANI ======================================================

1. Purshottam Mishra @ Purushottam Kr. Mishra, s/o Jagannath Mishra

2. Jagannath Mishra, Son of Late Laxman Mishra

3. Kali Devi, Wife of Jagannath Mishra

4. Sudarshan Mishra @ Sudarshan Kr. Mishra, Son of Jagannath Mishra All are residents of Village- Man Mohan, P.S. Lakhanaur, DistrictMadhubani .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. An affidavit has been filed on behalf of the informant opposing the prayer for bail.

The petitioners apprehend their arrest in connection with Lakhanpur P.S. Case No. 111 of 2008 (C.R. Case No. 862 of 2010) for the offence punishable under Sections 304B and 201/34 of the Indian Penal Code.

Petitioner no. 1 is the husband of the deceased, petitioner no. 2 is father-in-law, petitioner no. 3 is mother-in-law of the deceased and petitioner no. 4 is brother of petitioner no. 1. It appears that the Police after investigation submitted

Patna High Court Cr.Misc. No.11389 of 2016 (3) dt.28-03-2016 2/2 final form. However, protest petition was filed which too was dismissed on contest. It was only pursuant to the order passed by the Sessions Court that the cognizance was taken. As the investigating machinery has prima facie found the case not to be proved, in case of arrest/surrender, let the petitioners named above, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Jhanjharpur, in connection with Lakhanaur P.S. Case No. 111 of 2008, with the condition that the accused persons would cooperate in the trial. The petitioner no. 2, who is said to be living in the village, would not physically absent for two consequential dates at a stretch till two witnesses are examined in the trial. Petitioner no. 1 would also appear in the court as and when required. The trial court would expedite the hearing of the case and unnecessary adjournments would not be granted. (Samarendra Pratap Singh, J) kunal/- U T