Munna Pandey @ Chandrashekhar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26192 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- NOKHA District- Rohtas ====================================================== MUNNA PANDEY @ CHANDRASHEKHAR PANDEY S/o- KAPIL PANDEY Village- Manipur Ps- Nokha Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari For the informant : Mr. Nagendra Upadhyaya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2023 Heard learned counsel for the parties.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 306, 323 and some other ancillary Sections of the Indian Penal Code.

3. As per the prosecution case, on the alleged date and time of the occurrence, this petitioner came at the shop of husband of informant and demanded interest of his debt and thereafter abused and assaulted him and also threatened to abduct him. In the evening informant's husband committed suicide.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that there is no

Patna High Court CR. MISC. No.26192 of 2023(3) dt.10-08-2023 2/2 allegation that this petitioner abetted or instigated the husband of informant to commit suicide. Demand of debt is not an act of abetment. As a matter of fact there was some altercation between the husband and wife and due to that the husband of informant committed suicide and taking advantage of the situation, informant has lodged this false and concocted case. Petitioner has got clean antecedent.

5. Learned counsel appearing for the informant vehemently opposes the prayer for anticipatory bail.

6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Additional Chief Judicial Magistrate-I, Rohtas at Sasaram in connection with Nokha PS case No. 06/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T