Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4226 of 2012 ====================================================== Prabhash Mishra S/O Late Sambhu Mishra, Resident of Village- Bheja, Police Station- Bheja, District- Madhubani .... .... Petitioner/s Versus 1. The State of Bihar 2. Jibachi Devi W/O Laxmi Mishra Resident Of Village- Khajuri, P.S.- Bheja, District- Madhubani. 3. Binit Mishra S/O Laxmi Mishra Resident Of Village- Khajuri, P.S.- Bheja, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Chandra Jha, Ad. For Party No.2. : Mr. Subodh Kumar Jha, with Mr. Ramchandra Jha Rama, Advocates. For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 13-07-2012 Heard. The petitioner has approached this Court under Section 439(2) of the Code of Criminal Procedure, 1973 (In short Cr. P.C.) seeking cancellation of bail of Opposite Party no.2 and 3 granted to them in connection with Bheja P.S. Case No. 50 of 2011/G.R. No. 926/2011. It appears that for death of one Anjali Kumari, aged about 7 years, her maternal uncle i.e., the petitioner lodged a criminal prosecution for an offence under [STATUTE] . Opposite Party no.2 is the grand mother and Opposite Party no.3 is the father of the deceased. Besides them, co-accused Laxmi Mishra, grand father of the deceased, was also made an accused in the aforesaid criminal prosecution. It is admitted case of the parties that the mother of the deceased is still surviving and she has not lodged any case against the accused persons. By taking into consideration the factual aspect of the Patna High Court Cr.Misc. No.4226 of 2012 (4) dt.13-07-201 2/ 22 matter and also taking into consideration that Opposite Party no.2and 3 had no motive to commit the crime in question, the learned Sessions Judge, Madhubani was pleased to grant them bail by his order dated 18th November 2011 passed in B.P. No. 1042 of 2011. Apart from merit of the prosecution case and seriousness of allegation as disclosed in the F.I.R., learned counsel for the petitioner has not raised any other point, which may warrant cancellation of bail of opposite party nos.2 and 3. No case for cancellation of bail is made out. The application stands dismissed. BTiwary/- (Birendra Prasad Verma, 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.