Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42298 of 2011 ====================================================== 1. Niranjan Kumar @ Niranjan Mishra son of Bhagirath Mishra, R/o Vill Gonama, P.S. Nawada, District- Nawada .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Narain, Senior Advocate For the Opposite Party/s : Mr. S.K. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3. 23-02-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Saksohra P.S.Case no.18 of 2010 for offences punishable under [STATUTE] and [STATUTE] was subsequently added to the set of allegations. The F.I.R charges three named assailants of assaulting the husband of the informant by sword causing his death. The informant who happens to be the second wife of the deceased has stated that as her husband went to ease himself, she heard his cries and when she rushed at the place of occurrence along with her children, she saw three persons namely, Munnu Mishra and assaulting him with sword, Chunnu Mishra was holding her Patna High Court Cr.Misc. No.42298 of 2011 (3) dt.23-02-2012 2 husband and Dinesh Mishra was instigating them. During the course of investigation, the name of the informant herself transpired as being a conspirator to the occurrence along with her nephew, the present petitioner, who happens to be the son of the sister of the informant and with whom the informant is said to have illicit relationship. It is by reason of the confessional statement made by the informant that the name of the present petitioner has transpired for having engineered the occurrence. Learned counsel for the petitioner submits that apart from the confessional statement of the victim and the statement of the witnesses alleging illicit relationship between the petitioner and the wife of the deceased, there is no other material on record connecting the petitioner with the alleged occurrence. It is further submitted that in similar circumstances, the informant who was subsequently made an accused in the case, was granted bail in Cr.Misc.No.3820 of 2011 vide order passed on 26.3.2011. Having considered the submissions of learned counsel and having perused the materials on record, let the petitioner Niranjan Kumar alias Niranjan Mishra be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh (District- Patna) in connection with Patna High Court Cr.Misc. No.42298 of 2011 (3) dt.23-02-2012 3 Saksohra P.S.Case No.18 of 2010 subject to the following conditions: (i) that the petitioner shall accept the police papers on the given date and shall also be present on the date fixed for charge and if he fails to do so on two consecutive dates fixed for the said purpose, the court below shall be at liberty to cancel the bail bond of the petitioner on grounds of misuse; and (ii) that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bond of the petitioner and to take him into custody. ahk/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.