Arvind Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45130 of 2016 Arising Out of PS.Case No. -256 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Arvind Mishra, son of Tilanand Mishra, Resident of Village- Jhakhargadh, P.S.- Chhatapur, District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 31.08.2016 in connection with Chhatapur P.S. Case No. 256/16 for offences punishable under Sections 304-B/34 of the Indian Penal Code and under Sections 3⁄4 of the Dowry Prohibition Act. The allegation, as made by the father of the deceased in the fardbeyan, is that his daughter has been killed by her husband and in-laws due to non-fulfillment of dowry demand. It has been submitted by the learned counsel for the petitioner that he is the cousin brother-in-law of the deceased and no specific allegation has been alleged against him. He submits that the petitioner has no concern whatsoever with the family affairs of the deceased and that his brother Bhupendra

Patna High Court Cr.Misc. No.45130 of 2016 (4) dt.30-11-2016 2/2 Mishra, upon whom there is general and omnibus allegation, has since been granted the privilege of anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 45779 of 2016 on 25.11.2016 after taking into consideration that the informant has made no specific allegation against him. It is submitted that the petitioner's case also stands on similar footing and he is in custody since last three months.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-II, Supaul in connection with Chhatapur P.S. Case No. 256/16.

(Nilu Agrawal, J.) Rajesh/- U T