Mankeshwar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61992 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== Mankeshwar Mishra Son Of Late Satya Narayan Mishra R/O Village- Laherwa, P.S.- Jogapatti, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gauri Shankar Thakur For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 304B, 328, 120B and 201/34 of the Indian Penal Code. As per prosecution case, informant alleged that his daughter was solemnized with the son of the petitioner. After some time her daughter was tortured for demand of Rs. Two lacs. It is further alleged that petitioner along with other co-accused persons took her daughter on the pretext of Dham. On 24.08.2021 he got information by the Ayodhya police that her daughter has been murdered by the petitioner and they gave false information to the Kotwali P.S. Ayodhya that his daughter-in-law is died due to drawn
Patna High Court CR. MISC. No.61992 of 2022(3) dt.15-03-2023 2/3 in the Saryug river.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of the victim due to which, he has falsely been implicated in this present case. The petitioner has no concern mess and business of the victim as well as her husband and he was living separately from them. There is no eye-witness of the alleged occurrence. Further, Para 29 of the case diary clearly shows that only four persons reached at Ayodhya and the victim was not with them. He has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 30.08.2021. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Yogapati P.S. Case No. 366 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.61992 of 2022(3) dt.15-03-2023 3/3 sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah West Champaran.
(Sunil Kumar Panwar, J) Manish/- U T