Chunnu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.637 of 2015 Arising Out of PS.Case No. -202 Year- 2012 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chunnu Mishra Son of Krishna Kant Mishra Resident of Village - Yashoda Matha, P.S. - Kanti, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Pandey For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 29-07-2015 This matter has been listed before this Court in view of the minutes of the Hon'ble the Chief Justice dated 08.07.2015 at Flag 'A'.

Heard learned counsels for the petitioner and the State.

The petitioner being the brother of the husband of the victim is apprehending his arrest in a case registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.

The accusation is of killing the sister of the informant after eight years of the marriage.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.637 of 2015 (04) dt.29-07-2015 2/2 petitioner that the victim died due to the illness when the informant is the step brother of the victim and the informant has subsequently retracted from the initial version. Moreover, the accusation is not specific against the petitioner and the petitioner claims to be separate from the husband of the victim. It is further submitted that for the occurrence of 01.06.2012 the complaint was filed on 26.06.2012 which came to be registered as police case on 16.08.2012 Considering the delayed lodging of the case and the accusation not being specific against the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, 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, East Champaran at Motihari in connection with Keshariya P.S. Case No. 202 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.