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Patna High CourtCR. MISC./12868/2016bail granted

Gopal Pandey v. State Of Bihar And ANR

2016-05-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12868 of 2016 Arising Out of PS.Case No. -129 Year- 2013 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ====================================================== Gopal Pandey, Son of Balmiki Pandey, Resident of Village - Akadha, P.S.- Chewara, District - Sheikhpura.

.... .... Petitioner

Versus

1. The State of Bihar

2. Premlata Devi, D/O Late Matrendra Pandey, Resident of Village - Pokhrama, P.S. Jajara, District- Lakhisarai.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sabal Kumar Jha, Advocate.

For the Opposite Parties : Mr. Amitesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2016 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.129C of 2013, registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. The petitioner is the husband of the deceased. The complainant earlier filed Chewara P.S. Case No. 21 of 2012 under Sections 302, 201 and 120B of the Indian Penal Code. The police after investigation submitted final form finding the case mistake of facts. It was found that the deceased was suffering from epilepsy and she fell down from stairs receiving injuries. The petitioner and other family members took her to hospital for treatment but she could not save. The final form was accepted, thereafter the informant filed the complaint case and after enquiry the learned

Patna High Court Cr.Misc. No.12868 of 2016 (3) dt.12-05-2016 2/2 judicial magistrate found sufficient material against the petitioner. Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the Learned Sub-Divisional Judicial Magistrate, Sheikhpura in Complaint Case No.129C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T