Amod Kumar Mishra @ Amod Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37895 of 2017 Arising Out of PS.Case No. -786 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. AMOD KUMAR MISHRA @ AMOD MISHRA, son of late Raghu Nandan Mishra, resident of Village- Swami Nagar, Purana Motihari Marg, Mohalla- Kolhua Paigamberpur, Bairia, Police Station - Ahiyapur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate with Mr. Sanjiv Sharan, Advocate Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP Mr. Avanish Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 31-08-2017 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Ahiyapur (Muzaffarpur) P.S. Case No.786 of 2016 instituted for the offence under Section(s) 304-B Indian Penal Code. It is alleged that the sister of the Informant was married with Saurav Mishra in the year 2010. The husband of deceased informed the Informant on telephone that his sister has died. Thereafter, the Informant went to the house of his sister and found her dead.

Petitioner is said to be the father-in-law of the deceased. There is no allegation of any specific overt act against him.

Patna High Court Cr.Misc. No.37895 of 2017 (4) dt.31-08-2017 2/2 Counsel for the Informant has appeared and opposed the prayer for bail.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Ahiyapur (Muzaffarpur) P.S. Case No.786 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T