Arbind Mishra @ Arbind Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44472 of 2015 Arising Out of PS.Case No. -241 Year- 2014 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Arbind Mishra @ Arbind Kumar Mishra son of Late Mangal Mishra resident of Mohalla - Jogsar, Police Station - Adampur, District - Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate Mr. Ravi Bhushan Prasad Sinha Ms. Nita Kumar, For the informant : Mjr. Bijoy Kant Mishra, Adv. For the State : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioner is in custody since 05.08.2015 in a case registered for the offences punishable under Sections 364/365/34 of the Indian Penal Code.

The victim of the present case is still missing and suspicion has been raised against the petitioner on the ground that victim had love affairs with the daughter of the petitioner and furthermore, tower location of mobile phone of the petitioner and other accused was found in Bhagalpur on the alleged date of occurrence. In course of investigation at paragraph No. 284 of the case diary, one

Patna High Court Cr.Misc. No.44472 of 2015 (3) dt.12-01-2016 P2/2 witness claimed to have seen the petitioner and other accused in the company of the victim on the alleged date of occurrence and after that the aforesaid witness narrated the above stated statement to the informant but it is surprisingly enough that the aforesaid fact has not been incorporated by the informant in his written report. No doubt, the anticipatory bail of the petitioner was rejected up to Apex Court of this country but the investigation against him has already been completed.

Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 241 of 2014.

(Hemant Kumar Srivastava, J) Saif/- U T