Karu Mishra @ Jitendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12957 of 2020 Arising Out of PS. Case No.-380 Year-2016 Thana- BARAUNI District- Begusarai ====================================================== KARU MISHRA @ JITENDRA MISHRA Son of D.B. Mishra Prisoner of Room No. 4, R/o Village- Shokhara-2, P.S.- Phulwaria, District- Begusarai. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Chandan Kumar Kashyap, Advocate.

For the State :

Mr. Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in connection with Barauni P.S. Case No.380 of 2016 registered under Sections 341, 324, 307 and 120(B)/34 of the Indian Penal Code.

The accusation is that the informant Kiran Devi was accompanied by Birju Mishra for giving the evidence at Begusarai Civil Courts in Sessions Case No.48 of 2016. When the informant came out from the court room after giving the evidence, then Pinki Devi, wife of Karu Mishra (petitioner) gave threatening to the informant that she would be killed like her son-in-law Shatrughan Mishra, if she will take interest in adducing the evidence in Sessions Case No.48 of 2016.

Patna High Court CR. MISC. No.12957 of 2020(4) dt.30-06-2020 2/3 Thereafter, when the informant along with Soni Devi proceeded for her village Sokaraha boarding on tempo, in the way at Rajbara Dhala, Pinki Devi and Anju Devi were seen standing there and three persons were also seen sitting on one motorcycle, which was being driven by Saheb Tiwary. At that time, Pinki Devi and Anju Devi asked Amit Tiwary, who was sitting in the middle of the motorcycle, to shot fire at the informant on which Amit Tiwary shot fire through pistol at the informant but, anyhow, informant saved herself. Thereafter, Amit Tiwary again shot fire through his pistol, which hit the left thigh of the informant. Thereafter, all fled away from there. The informant was taken to Life Line Hospital for treatment from where she was taken to Kalpana Nursing Home, where she is under treatment. The informant further claimed that the petitioner, who is in jail custody, hatched conspiracy for committing the present occurrence.

Learned counsel appearing on behalf of the petitioner submits that the petitioner being the husband of the co-accused Pinki Devi, on mere suspicion, has falsely been implicated in this case without any specific overt act. Further submission is that the petitioner has been remanded in the present case on 24.01.2019 and since then he, in the present case, is in custody.

Patna High Court CR. MISC. No.12957 of 2020(4) dt.30-06-2020 3/3 Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Rajeev Kumar, Judicial Magistrate, First Class, Begusarai, in connection with Barauni P.S. Case No.380 of 2016. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T