Bikram Mishra @ Bikram Chandra Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.47009 of 2015 (3) dt.27-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47009 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -SAHKUND District- BHAGALPUR ====================================================== BIKRAM MISHRA @ BIKRAM CHANDRA MISHRA, SON OF LATE UMA NATH MISHRA, RESIDENT OF VILLAGE- RAMPURDIH, P.S. SAJOUR, DISTRICT BHAGALPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sahkund (Sajour) P.S. Case No. 72 of 2015 registered under Sections 328, 304(B)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of administering poison to Annu Kumri, daughter of informant, by her husband and in laws, who died in course of treatment.

Learned counsel for the petitioner submits that petitioner happens to be the father-in-law of the deceased and it would appear from the F.I.R. that at the time of occurrence

Patna High Court Cr.Misc. No.47009 of 2015 (3) dt.27-01-2016 petitioner was not present at the house. Only allegation is that this petitioner asked on mobile to his son, Mukesh Mishra, husband of the deceased, to administer the poison. It is further submitted that, in fact, petitioner, is the Night-Guard in Government Department, and he was on duty in Gaya at the time of occurrence. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bhagalpur, in connection with Sahkund (Sajour) P.S. Case No. 72 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T