Ashok Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56291 of 2022 Arising Out of PS. Case No.-47 Year-2011 Thana- SAKRA District- Muzaffarpur ====================================================== ASHOK KUMAR MISHRA Son of Late Ras Narayan Mishra R/VJagdishpur Budhnagari, P.S- Sakra, Dist- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Soni Srivastava, Advocate Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 09.07.2022 in connection with Sakra P.S. Case No. 47 of 2011, F.I.R. dated 22.02.2011 for the offences punishable under Sections 304(B), 201, 34 of the Indian Penal Code. Allegation against the petitioner is that he along with his family members killed the daughter of the informant on the pretext of non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is the husband of the deceased. He further submits

Patna High Court CR. MISC. No.56291 of 2022(7) dt.03-07-2023 2/2 that no material has come during investigation to suggest the involvement of the petitioner in the present occurrence. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the basis of material available on the record and case diary submits that it has come during investigation that the petitioner and other family members have committed murder of the deceased. He further submits that even the postmortem was not conducted.

Vide order dated 23.02.2023 a report was called with regard to the present stage of trial. Report dated 18.04.2023 of the learned trial court reveals that due to absence of the petitioner the charge has not been framed as yet. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Sakra P.S. Case No. 47 of 2011 pending in the court of learned Additional Chief Judicial Magistrate-12th, Muzaffarpur (East). Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T