Jay Narayan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49603 of 2022 Arising Out of PS. Case No.-140 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

JAY NARAYAN MISHRA Son of Late Upendra Mishra Resident of Village - Satwariya, P.s.- Chanpatiya, Distt.- West Champaran. 2.

Miku Mishra @ Sunil Kumar Mishra @ Miku Son of Jay Narayan Mishra Resident of Village - Satwariya, P.s.- Chanpatiya, Distt.- West Champaran. 3.

Keshav Mishra Son of Jay Narayan Mishra Resident of Village - Satwariya, P.s.- Chanpatiya, Distt.- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Keshav Pandey Chandirka Pandey Resident of Village - Kaurihar Road, Adharsh Nagar, Raxaul, W. No.19, P.s. and P.O.- Raxaul, Distt.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manjeet Kumar Mishra For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-01-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 140 of 2018, registered for the offences punishable under Sections 452, 323, 380, 504 of the Indian Penal Code & under Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the daughter of the informant was married to son of the complainant.

Patna High Court CR. MISC. No.49603 of 2022(2) dt.12-01-2023 2/2 There was matrimonial disharmony between daughter of the petitioner No. 1 and son of the complainant and the daughter of the petitioner No. 1 has filed Sathi P.S. Case No. 112 of 2020 against the complainant and his family members. Due to vendetta this false complaint petition has been filed.

It appears that the matrimonial disharmony is already there between daughter of the petitioner No. 1 and son of the complainant.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Complaint Case No. 140 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T