Udyanand Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17030 of 2021 Arising Out of PS. Case No.-61 Year-2014 Thana- PALASI District- Araria ====================================================== UDYANAND PANDIT Son of Ghutrau Pandit Resident of Village - Harlaha, Garahwa, P.S.- Palasi, Dist.- Araria (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201, 34, 376 and 306 of the Indian Penal Code.

The case of the prosecution is that the nephew of the informant, married with the petitioner, was beaten by his husband as a result of which, she died.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that after investigation, chargesheet has been submitted under Sections 376 and 306 of the IPC against one Amar Kumar Pandit, who is non-FIR accused, stating that the

Patna High Court CR. MISC. No.17030 of 2021(3) dt.13-01-2022 2/2 deceased had illicit relation with Amar Kumar Pandit and they were caught red handed, thereafter she committed suicide. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

From perusal of the case diary, it appears that the offence substantiated against co-accused Amar Kumar Pandit and the chargesheet has also been submitted against him, who is non-FIR co-accused and the lower court has taken cognizance against this petitioner also.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 61 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T