Naveen Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20907 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Naveen Mishra, son of Ram Mishra, resident of Village- Bhawanipur, P.S.- Suryagarah (Manikpur), District- Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Suryagarha (Manikpur) P.S. Case No. 21 of 2017, registered under Sections 364, 302, 201 and 120B of the Indian Penal Code.

The allegation of informant, Rubi Devi, is that petitioner and his brother Praveen Mishra took her husband to Kolkata for doing the work as Khalasi on the monthly payment of Rs.5,000/-. On 05.12.2016, she tried to talk her husband but mobile of her husband was switched off. Thereafter, she talked with Praveen Mishra, who is a truck driver, said that due to some dispute her husband is removed from work and he has no knowledge about her husband. Thereafter, informant went at

Kolkata and searched her husband but no trace was found. The informant made complaint before the Sarpanch, who called Ram Mishra, father of Praveen Mishra, who on talking his son informed that his son Praveen Mishra will come to the village Bhawanipur on 18.12.2016 but Praveen Mishra did not returned. The informant raised suspicion about killing of her husband by Praveen Mishra and the petitioner. Learned counsel for the petitioner submits that petitioner is the co-villager of the informant and brother of coaccused, Praveen Mishra and due to dirty village politics he has been implicated in this case with false allegation and nothing has been collected by the Investigating Officer showing his hand in the alleged offence, which would appear to the case diary, which is up to paragraphs 56. Further submission is that the petitioner is the student and has no criminal antecedent.

Having regard to 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial

Magistrate, Lakhisarai, in connection with Suryagarha (Manikpur) P.S. Case No. 21 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T