Dr. Vijaymal Baitha @ Vijaymal Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25364 of 2023 Arising Out of PS. Case No.-344 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.

DR. Vijaymal Baitha @ Vijaymal Baitha Son of Late Suba Baitha Resident of vill.- Mora Misri Ke Tola, P.S.- Bhagwanpur Hat, District - Siwan 2.

Chandrashekhar Baitha Son of Birendra Baitha Resident of vill.- Mora Misri Ke Tola, P.S.- Bhagwanpur Hat, District - Siwan 3.

Krishan Ranjan Rajak @ Jalim Baitha Son of Dr. Vijaymal Baitha Resident of vill.- Mora Misri Ke Tola, P.S.- Bhagwanpur Hat, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24902 of 2023 Arising Out of PS. Case No.-344 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Birendra Baitha @ B . Rajak S/o Late Suba Baitha Resident of vill-Mora Misri Ke Tola, P.S.-Bhagwanpur Hat, District-Siwan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 25364 of 2023) For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Sharda Kumari (In CRIMINAL MISCELLANEOUS No. 24902 of 2023) For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Since both the applications are arising out of same PS they are being taken up together and disposed of by this common order.

2. Heard counsels for the parties.

Patna High Court CR. MISC. No.25364 of 2023(4) dt.28-08-2023 2/3

3. The petitioners apprehend their arrest in Bhagwanpur Hat P.S. Case No. 344 of 2022, registered for the offences punishable under Sections 363, 365/34 of the Indian Penal Code.

4. Prosecution case in brief is that on 13.10.2022, mother of the informant went missing and after hectic search she could not be traced out. It is suspected that these petitioners have committed murder of the mother of informant. All the accused are of same family.

5. It is submitted that both parties are Pattidars. Petitioner no. 1 is Professor in Darbhanga University, petitioner nos. 2 and 3 are preparing for competitive examinations. Petitioner Birendra Baitha @ B. Rajak (petitioner) is retired teacher. Both parties are Gotias. It is further submitted that though mother of informant went missing on 13.10.2022, but the FIR was lodged on 21.12.2022 for which there is no plausible explanation. Due to land dispute between the parties, suspicion has been raised against petitioners.

6. Counsel for informant however vehemently opposed the prayer for bail.

7. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest/surrender before the

Patna High Court CR. MISC. No.25364 of 2023(4) dt.28-08-2023 3/3 court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Siwan in connection with Bhagwanpur Hat P.S. Case No. 344 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T