Vijay Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69366 of 2022 Arising Out of PS. Case No.-282 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== VIJAY KUMAR MISHRA S/O Jagat Narayan Mishra R/O Flat No- 601, Laxmi Arcade, V Mart Building, Aghoria Bazar P.S- Kaji Mohammadpur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the State :
Mr. Raj Kishor Singh, APP For the Informant/s :
Mr. Yashraj Bardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023
1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. Petitioner seeks regular bail in connection with Kaji Mohammadpur P.S. Case No. 282 of 2022, dated 12.09.2022 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that in fact the victim committed suicide leaving behind her suicide note in which she did not make any allegation against the petitioner and the reason of her suicide was differences between her and her husband. Further submissions are that the husband of the deceased is in jail and
Patna High Court CR. MISC. No.69366 of 2022(4) dt.25-04-2023 2/3 petitioner is the father-in-law of the deceased and in the entire suicide note of the deceased, there is no any specific allegation against the petitioner and the petitioner has been languishing in jail since 13.09.2022.
4. Learned counsel appearing for the informant has vehemently opposed the prayer for bail and submitted that there is a serious allegation against the petitioner and the postmortem report of the deceased does not support the factum of suicide by the victim as on the neck of the deceased incompletely encircled ligature mark was found and the doctor concerned opined the cause of death of the deceased as Asphyxia caused by pressure over neck.
5. Learned APP appearing for the State has also opposed the prayer for bail.
6. Having considered the above submissions and mainly the victim's suicide note of which details are mentioned at paragraph No. 4 of the case diary and the same does not show any specific role of the petitioner in provoking the victim to commit suicide and the husband of the deceased is in jail, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.69366 of 2022(4) dt.25-04-2023 3/3 like amount each to the satisfaction of the concerned Court in connection with Kaji Mohammadpur P.S. Case No. 282 of 2022. (Shailendra Singh, J.) maynaz/- U T