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2025 DAILYLAW 107771 (PAT)

Mayank kumar @ Mayank Kumar Mishra v. The State of Bihar

CR. MISC./67850/2025 · 2025-11-03

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67850 of 2025 Arising Out of PS. Case No.-566 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== 1. Mayank kumar @ Mayank Kumar Mishra Son of Ranjit Kumar Mishra R/o Village/Mohalla - Kadirabad(State Bank of India),P.S. - L.N.M.U., Dist. - Darbhanga. 2. Aditya Singh @ Aditya Raushan Singh Son of Ramesh Singh @ Ramesh Kumar Singh R/o Village/Mohalla - Kadirabad(State Bank of India),P.S. - L.N.M.U., Dist. - Darbhanga. ... ... Petitioner/s Versus 1. The State of Bihar 2. Kiran Devi W/o Birendra Kumar R/o Mohalla - Alinagar, Ward no. -01, P.S. - L.N.M.U. Campus, Dist. - Darbhanga. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Jha For the Opposite Party/s : Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 03-11-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 302, 120B/34 of the Indian Penal Code. 3. The prosecution case, in brief, is that on 08.03.2023, the son of informant was drowned by these petitioners and others. 4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.67850 of 2025(3) dt.03-11-2025 2/3 petitioners are quite innocent and have committed no offence. He submits that on the date of occurrence, on the fardbeyan of father of deceased (husband of informant), a U.D. case , vide U.D. Case No. 02 of 2023, was registered and after investigation, police found that it was a case of unnatural death and no abnormality was found in the post-mortem report. After lapse of more than two months, the present complaint case was lodged by the mother of the deceased and on the basis of some fake photographs and video, the learned Magistrate took cognizance against these petitioners. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Complaint Case No. (C.R. No.) - 566 of 2023, T.R. No. 1199 of 2025, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the Patna High Court CR. MISC. No.67850 of 2025(3) dt.03-11-2025 3/3 B.N.S.S., 2023. anay (Prabhat Kumar Singh, J) U T