Manoj Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.44310 of 2015 (9) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44310 of 2015 Arising Out of PS.Case No. -69 Year- 2014 Thana -TARABARI District- ARRARIA ======================================================

1. Manoj Mishra, Son of Bedanand Mishra, resident of Village- Dimhiya, Police Station- Tarabari in the district of Araria..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Madhura Nand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Tarabari P.S. Case No. 69 of 2014 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. Puja Devi, the daughter of the informant, was married to the petitioner three years ago and allegedly, due to nonfulfillment of demand of dowry she was being tortured by the petitioner and other in-laws and ultimately, she was poisoned to death.

Submission is of false implication and that there was cordial relation between the petitioner and his wife, the wife of the petitioner due to trivial dispute committed suicide by consuming poison herself as she was a lady of short temper but the informant under misconception lodged this case, resulting the petitioner is

Patna High Court Cr.Misc. No.44310 of 2015 (9) dt.02-05-2016 suffering in custody since 01.10.2014. During trial the informant being PW 5 has not supported the prosecution version and as such he deserves sympathetic consideration, the doctor has also not found any external injury on the dead body to which learned APP submits that now the informant is retracting from his earlier version.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. K. Mall, J. M. Ist Class, Araria in connection with Tarabari P.S. Case No. 69 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T