Pramod Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30273 of 2024 Arising Out of PS. Case No.-68 Year-2023 Thana- BALTHAR District- West Champaran ====================================================== 1.

Pramod Baitha Son of Babulal Baitha Resident of Villge- Chhotka Dhankutwa, Ward No. 09, Police Station- Balthar, District- West Champaran 2.

Bhagar Baitha @ Rameshwar Baitha son of Pramod Baitha Resident of Villge- Chhotka Dhankutwa, Ward No. 09, Police Station- Balthar, DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Balthar P.S. Case No. 68 of 2023 registered under Sections 302, 120B and 34 of the Indian Penal Code.

3. As per prosecution case, all the FIR named accused persons including these petitioners killed the son of the informant. It is further alleged that the son of the informant had love relationship with the daughter of the petitioner no. 1 and perhaps for that reason the accused persons killed her son.

4. Learned counsel appearing on behalf of the petitioners submits that only on suspicion that there is love relation

Patna High Court CR. MISC. No.30273 of 2024(3) dt.19-06-2024 2/2 between daughter of petitioner No. 1 and the son of informant, the petitioners have been made accused in this case. Informant is not an eye witness to the occurrence. During course of investigation, no one has claimed to have seen the occurrence nor any material has come against these petitioners to show their complicity in the occurrence. The dead body was found hung with a tree and death was caused because of hanging. Petitioners claim clean antecedent.

5. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Bettiah, West Champaran in connection with Balthar P.S. Case No. 68 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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