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Patna High CourtCR. MISC./73694/2023allowed

Rajendra Mishra v. The State Of Bihar

2024-02-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73694 of 2023 Arising Out of PS. Case No.-649 Year-2022 Thana- SUPAUL District- Supaul ====================================================== 1.

RAJENDRA MISHRA S/O LATE BABUAN MISHRA VILLAGECHANDAIL @ BAKAUR, WARD NO. 10, PS AND DIST- SUPAUL 2.

VIBHA DEVI @ BIBHA DEVI WIFE OF RAJENDRA MISHRA VILLAGE- CHANDAIL @ BAKAUR, WARD NO. 10, PS AND DISTSUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bam Bahadur Jha, Advocate Mr. Gajendra Kumar Jha, Advocate Mr. Surya Kant Mishra, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Supaul P.S. Case No. 649 of 2022 being G.R. No. 1633 of 2022 registered for the offence under Sections 304B / 34 of I.P.C.

3. As per the prosecution case, the allegation against the petitioner is that he alongwith co-accused person poured kerosene on the informant's sister and set her at fire.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.73694 of 2023(3) dt.19-02-2024 2/2 petitioner is innocent, committed no offence and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 15.06.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Heard both the parties, perused the first information report and impugned order dated 31.08.2023 passed by learned Additional Sessions Judge - 1, Supaul. It appears that petitioner is father-in-law and mother-in-law of deceased. From the case diary in para 9, 10, 16 there is no involvement of the petitioner and the petitioner is very old person and they are in-laws.

7. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Supaul in connection with Supaul P.S. Case No. 649 of 2022 G.R. No. 1633 of 2022.

(Ramesh Chand Malviya, J) saurabhkr/- U T