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Patna High CourtCR. MISC./1003/2021allowed

Jata Shankar Mishra v. The State Of Bihar

2021-03-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1003 of 2021 Arising Out of PS. Case No.-393 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

JATA SHANKAR MISHRA Son Of Late Tirath Narayan Mishra 2.

Parwati Devi Wife Of Jata shankar Mishra 3.

Rajeev Ranjan Kumar @ Rajeev Ranjan Mishra Son Of Jata Shankar Mishra all Resident Of Village - Sondeepy, P.S. - Balia, District - Begusari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertake to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable under Sections 306/34 of the Indian Penal Code.

The allegation, as per the FIR is that the son of the informant had quarrel with the petitioners on the date of occurrence and after returning back to his home, the son of the

Patna High Court CR. MISC. No.1003 of 2021(2) dt.03-03-2021 2/2 informant committed suicide.

Learned counsel for the petitioners submits that petitioners are innocent, have not committed any offence in the manner alleged and the allegation against the petitioners is false and misconceived inasmuch, as the son of the informant has committed suicide at his home whereas the petitioners were staying at her parental home which is 21km away from the place of occurrence. He submits that petitioner no. 1 is father-in-law, petitioner no. 2 is mother-in-law and petitioner no. 3 is brotherin-law of the deceased. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 05.08.2020. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 393 of 2019. (Anjani Kumar Sharan, J) devendra/- U T