Yogendra Panjiyar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10571 of 2019 Arising Out of PS. Case No.-743 Year-2014 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== YOGENDRA PANJIYAR Son of Ram Bilash Panjiyar R/o Village- Manik Chauk, Kamaldah Tola, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner.

Versus

1.

The State of Bihar 2.

Shushila Devi Wife of Late Badri Sah R/o Manik Chauk, Kamaldah, P.S.- Runnisaidpur, District- Sitamarhi ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate.

For the State :

Mr. A.M.P. Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.743 of 2014 (Runnisaidpur P.S. Case No.204 of 2013), registered under Sections 302/34 of the Indian Penal Code.

The accusation is that on 23.06.2013, Badri Sah, the husband of the complainant/informant/opposite party no.2, had gone to cut the simar tree at village-Dhanhara Sareh but he did not return to take lunch. Thereafter, the complainant/informant/ opposite party no.2 sent his son Vishal Kumar to see his father, who, after returning, informed her that his father is lying dead .

Patna High Court CR. MISC. No.10571 of 2019(3) dt.14-05-2019 2/3 Thereafter, the villagers of the complainant/informant/opposite party no.2 went to Sareh and carried the dead body of the husband of the complainant/informant/opposite party no.2 to the house. The complainant/informant/opposite party no.2 raised suspicion that her husband has been murdered by this petitioner as the dispute was going on with respect to cut the tree in between her husband and this petitioner.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the complaint petition, which is the basis of the F.I.R., that the complainant/informant/ opposite party no.2 only raised suspicion against the petitioner having hand in the murder of her husband. On investigation, the police submitted the final form but, on protest, the cognizance taking court summoned the petitioner for the offence under Sections 302/34 of the Indian Penal Code.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Sitamarhi, in connection with Complaint Case

Patna High Court CR. MISC. No.10571 of 2019(3) dt.14-05-2019 3/3 No.743 of 2014 (Runnisaidpur P.S. Case No.204 of 2013), subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T