Ramanjay Pandey @ Nanhka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.16902 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- KHUDWA District- Aurangabad ====================================================== RAMANJAY PANDEY @ NANHKA S/o Haridvar Pandey @ Haridwar Pandey R/o Village- Ahirari, P.s.- Obra, District- Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner.

The petitioner apprehends his arrest in connection with Khudwan P.S. Case No. 59 of 2020, registered for the offences punishable under Sections 306/34 of the Indian Penal Code. The informant's 13 years old son namely Chandan Pandey (deceased) has borrowed the mobile of the present petitioner for playing mobile game. The petitioner handed over his mobile to deceased, Chandan Pandey. When deceased did not return the mobile to the petitioner then the petitioner and the elder brother of deceased, Chunmun Pandey scolded and also assaulted the deceased as he had concealed the mobile in the bag of rice. Later on, Nandan pandey the younger son of the informant told him on phone that Chandan Pandey has strangulated himself to death.

Patna High Court CR. MISC. No.16902 of 2021(2) dt.19-01-2022 2/2 Learned counsel for the petitioner has submitted that it is a case of suicide. The case has been registered under Section 306/34 of the Indian Penal Code. The petitioner and the elder brother of the deceased only scolded the deceased as he was not returning the mobile set. The allegation of assault is totally far from the truth. They even did not touch the body of the deceased. As such, in these circumstances it could not be gathered that their intention was to abet the suicide.

Considering the above-mentioned facts and circumstances, let the petitioner be released on anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar in connection with Khudwan P.S. Case No. 59 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T