Suresh Patel @ Suresh Chandra Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12306 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- GWALPARA District- Madhepura ====================================================== 1.

Suresh Patel @ Suresh Chandra Patel Son Of Late Anti Patel Resident Of Village- Ijamali Ghat, Ward No.13, P.S.- Gwalpara, District- Madhepura. 2.

Meena Devi W/O Suresh Patel @ Suresh Chandra Patel Resident Of Village- Ijamali Ghat, Ward No.13, P.S.- Gwalpara, District- Madhepura. 3.

Jai Prakash Patel Son Of Suresh Patel @ Suresh Chandra Patel Resident Of Village- Ijamali Ghat, Ward No.13, P.S.- Gwalpara, District- Madhepura. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertake to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 302, 120(B), 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.12306 of 2022(4) dt.18-10-2022 2/2 case. He submits that petitioner no.1 is the father, petitioner no.2 is the mother and petitioner no.3 is the brother of the deceased. He submits that there is no eye witness in the present case only on suspicion the wife of the deceased has filed the present case against the petitioners. He submits that wife and father-in-law of the deceased was also present in the cremation of the deceased. He submits that there is a dispute relating to property between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gwalpara P.S. Case No.81 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.