Prince Mishra @ Prince Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86244 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Prince Mishra @ Prince Kumar Mishra Son Of Nagendra Mishra VillageLatiya Brit Ramnagar, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Paharpur P.S. Case No. 188 of 2022 for the offences registered under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the informant on getting information that his sister has been killed in her matrimonial house went there and found dead body of his sister. There was ligature mark on the dead body of his sister. He suspected that petitioner and other co-accused persons might have killed his sister.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to ulterior motive. Petitioner is son of the deceased and he was residing separately from his father and the deceased. The deceased was ill and suffering from mental disorder about which informant had full knowledge and due to her mental disorder, she committed

Patna High Court CR. MISC. No.86244 of 2023(2) dt.16-01-2024 2/2 suicide. The same fact was informed to the informant but on the basis of suspicion, informant filed this case. There is no motive or reason for killing of the mother of petitioner by him. There is no eye-witness to the occurrence. Petitioner has no criminal antecedent. Other two co-accused persons, namely, Punita Mishra @ Punita Devi and Ruddy Devi have already been granted anticipatory bail by a co-ordinate Bench of this Court, vide order dated 28.08.2023 passed in Cr. Misc. No. 49020 of 2023. Petitioner surrendered himself before the Court below as per the direction given in the order of the said Criminal Misc. Case.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Paharpur P.S. Case No. 188 of 2022.

(Sunil Dutta Mishra, J) rakhi/- U T