Nagendra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68591 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== NAGENDRA MISHRA Son of Vishwanath Mishra Resident of VillageMalahi Babu Tola, P.S.-Malahi (Govindganj), District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P.K. Shahi, Sr. Adv.
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 This application, for grant of anticipatory bail, arises out of Govindganj (Malahi) P.S. Case No. 238 of 2019, disclosing offences under Sections 304(B) and 120(B) of the Indian Penal Code.
Petitioner happens to be father in law of the deceased and allegation against him and others is of causing death of deceased in connection with demand of dowry.
Submission of learned counsel for the petitioner is that petitioner is father in law of the deceased and no specific allegation has been attributed to him and witnesses during investigation has also stated that he is a deed writer and at the time of occurrence, he was present at Registry office. Heard learned A.P.P. as well as learned counsel for
Patna High Court CR. MISC. No.68591 of 2019(3) dt.18-11-2019 2/2 the informant. They have opposed the prayer for anticipatory bail and submitted that the death of the deceased has occurred within six months of her marriage and death has been caused due to strangulation.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks, be released on bail 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 learned Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Govindganj (Malahi) P.S. Case No. 238 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure with further subject to the condition that petitioner has to cooperate in investigation and make himself available as and when required by the police. (Vinod Kumar Sinha, J) sunilkumar/- U T