Nath Sharan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53860 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== 1.Nath Sharan Mishra, aged about 70 years, Male, S/o Late Jagarnath Mishra, 2.Vinay Kumar Mishra, aged about 48 years, Male, 3.Dinesh Mishra, aged about 42 years, Male both sons of Nath Sharan Mishra All resident of Village-Godana Braham Toli, P.S.-Revealganj, District-Saran.

... ... Petitioners

Versus

1. The State of Bihar,

2. Guriya Devi, aged about 40 years, Female, W/o Rajesh Mishra, R/o Village- Godna Brahm Toli, P.S- Revealganj, Distt.- Saran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Subodh Kumar Sinha, Advocate For the Opposite Parties :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Revealganj P.S. Case No. 356 of 2022 dated 21.10.2022, instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 & 34 of the Indian Penal Code.

3. The prosecution's case, in short, is that on 20.10.2022 at about 06:00 am, all named accused persons including the petitioners came to the informant's house with lathi, rod, sword and hockey stick and assaulted the informant

Patna High Court CR. MISC. No.53860 of 2023(2) dt.23-08-2023 2/3 and her father-in-law. It is further alleged that petitioner no. 3 snatched Mangalsutra from her neck.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. The entire allegations levelled against the petitioners are false and concocted. It is further submitted that there is a case and counter case and both sides sustained injuries. The injury report does not corroborate the allegation levelled against the petitioners. Further, it is submitted that both parties are agnates. Lastly, it has been submitted that the petitioner no. 1 has no criminal antecedents whereas petitioner nos. 2 & 3 have one criminal case against them.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Revealganj P.S. Case No. 356 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra, Saran, subject to

Patna High Court CR. MISC. No.53860 of 2023(2) dt.23-08-2023 3/3 conditions as laid down under Section 438(2) of the Criminal Procedure Code.

(Khatim Reza, J) Gaurav Kumar/- U T