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Patna High CourtCR. MISC./5335/2024bail granted

Rajni Kant @ Rajnee Kant v. The State Of Bihar

2024-02-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5335 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== RAJNI KANT @ RAJNEE KANT S/O LAKSHMI NARAYAN PRASAD R/O VILLAGE- GORAPUR (GOSPUR), P.S- DALSINGHSARAI, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachchidanand Choudhary, Advocate For the State :

Mr. Binod Kumar, A.P.P.

For the Informant :

Mr. Mahendra Pratap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 306 of the Indian Penal Code.

3. As per the prosecution case, the informant suspects that due to mental torture given by the accused persons including this petitioner, son of the informant committed suicide.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it is evident that no case is made out against the petitioner under Section 306 of the Indian Penal Code. There is no allegation of direct or active part on the part

Patna High Court CR. MISC. No.5335 of 2024(2) dt.17-02-2024 2/2 of this petitioner leading the deceased to commit suicide. As a matter of fact, when the factory was opened the deceased, who was Manager, wanted to grab the factory claiming to be partner to the factory due to which the co-accused Madhumala wanted to remove him from the factory which frustrated the deceased resulting in his suicide. Petitioner claims clean antecedent.

5. Learned counsel for the informant vehemently opposes the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P. S. Case No. 184 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T