Shiv Shankar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74595 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== 1.
SHIV SHANKAR MISHRA Son of Late Daroga Mishra Resident of Sikandra (Kichari Tola), P.S.- Sikandra, District - Jamui. 2.
Meena Devi Wife of Shiv Shankar Mishra Resident of Sikandra (Kichari Tola), P.S.- Sikandra, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Adv.
For the Opposite Party/s :
Mr.Arun Kumar Singh, APP.
Mr. Saurav Barial, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including these petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant under suspicious condition.
4. It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took
Patna High Court CR. MISC. No.74595 of 2023(2) dt.04-12-2023 2/3 place. Petitioners are in-laws of the deceased. They are 71 & 69 years old, respectively. They have been falsely implicated in this case. The allegation levelled against the petitioners is totally false and based on concocted facts. The real fact is that the deceased had been suffering from sun stroke and due to which she died in Ambulance. It is further submitted that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
6. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that petitioners are also involved in the present case. There is serious allegation against them that they committed murder of the deceased due to non-fulfillment of the dowry demand.
5. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners and the husband of the deceased is already in judicial custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.74595 of 2023(2) dt.04-12-2023 3/3 lower Court where the case is pending/successor Court in connection with Sikandra P.S. Case No. 199 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T