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Patna High CourtCR. MISC./28780/2023bail granted

Vijay Patel v. The State Of Bihar

2023-08-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28780 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- PIPRA District- East Champaran ====================================================== VIJAY PATEL BAGAD PATEL RESIDENT OF VILLAGE JAMUNIYA P.S. PIPRA DISTRICT EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

3. As per the prosecution case, on 20/07/2019 this petitioner brought the husband of informant to Nashik for work where he became ill but this petitioner deprived him from treatment and due to negligence of this petitioner husband of informant died on 27/07/2020.

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 husband of informant died in the year 2020 but the present case has been lodged in the year 2023 without explaining the delay and with a

Patna High Court CR. MISC. No.28780 of 2023(3) dt.03-08-2023 2/2 view to extort money from the petitioner. It is next submitted that husband of informant died at Nashik due to chronic illness and the post mortem report shows that he died due to illness bilateral pneumonitis with its sequelae. Petitioner has got clean antecedent.

5. Learned counsel appearing for the State 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra PS case No. 29/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C.

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