Pramod Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32377 of 2016 Arising Out of PS.Case No. -116 Year- 2013 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pramod Pandey Son of Kailash Pandey Resident of village- Rupani, P.S.- Patahi, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner being the informant and brother of the deceased is apprehending his arrest in connection with a case registered for the offences punishable under Sections 302/201 of the Indian Penal Code.

The allegation against the petitioner is that during the course of investigation, it has come that he was having illicit relationship with the wife of the deceased and had thus conspired with other co-accused persons to do away with his brother on account of such illicit relationship.

Diary in this case was called for earlier, which has, since been received.

After having heard learned counsel for the petitioner and

Patna High Court Cr.Misc. No.32377 of 2016 (3) dt.19-12-2016 P2/2 learned counsel appearing on behalf of the State and on perusal of the case diary, it appears that there is no cogent material on record, save and except, the suspicion expressed by one Ram Vinay Mahto who has spoken about the alleged illicit relationship and expressed suspicion over the petitioner's involvement in the said occurrence.

Considering the entire gamut of circumstances and that there being no cogent material in the case diary, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Patahi P.S. Case No. 116 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T