Chandani Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48354 of 2019 Arising Out of PS. Case No.-262 Year-2016 Thana- BUXAR MUFFSIL District- Buxar ====================================================== CHANDANI MISHRA Wife of Late Manish Mishra Resident of VillageTirpurwa, P.S.-Sikraur, District-Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gauri Shankar Prasad For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2019 Heard both sides.

The petitioner apprehends her arrest in Buxar P.S. Case No.262 of 2016 registered under Sections 302 and 34 of the Indian Penal Code.

The Choukidar lodged the case against unknown after recovery of dead body. Later on, it transpired during the course of investigation that the deceased was the husband of the petitioner.

The learned counsel for the petitioner submits that petitioner is of course the wife of the deceased but there appears no material to show that the petitioner had any hand in the killing of her husband, Manish Mishra. It is further submitted that investigating officer filed petition before the C.J.M. for issuance of warrant of arrest against the petitioner and on

Patna High Court CR. MISC. No.48354 of 2019(3) dt.01-10-2019 2/2 25.03.2019, the C.J.M. ordered to issue warrant of arrest against the petitioner but immediately thereafter the petitioner filed petition for grant of anticipatory bail but it appears that deceased was living with the petitioner but the husband of the petitioner was killed and her dead body was thrown in the Canal. The petitioner did not inform anybody about the missing of her husband. During the course of investigation, it has come that the petitioner had illicit relation with one Chhotu Mishra @ Pawan Mishra and strong suspicion is raised that it was petitioner who got her husband killed by Pawan Mishra @ Chhotu Mishra. The investigating officer tried to contact with the petitioner for interrogation but the petitioner is absconding. The process under Sections 82 and 83 has already been issued against the petitioner.

Once the process under Sections 82 and 83 has been issued against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T