Sulendra Rai @ Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29296 of 2022 Arising Out of PS. Case No.-428 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== SULENDRA RAI @ SURENDRA RAI SON OF LATE RAM PRASAD RAI R/O VILLAGE- SINGHIA KAMALPUR NEAR KATAHARIMA SHIV MANDIR, P.S.- BIDUPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Pronoti Singh CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 428 of 2021, registered for the offences punishable under Sections 304 (B) and 120 (B) of the Indian Penal Code.

The learned counsel for the petitioner has submitted that the complaint petition was filed after five months of the occurrence. He has submitted further that the witnesses have

Patna High Court CR. MISC. No.29296 of 2022(3) dt.09-01-2023 2/3 stated that the family members of the informant were present at the time of funeral. He has also submitted that, as a matter of fact, the deceased died due to heart attack. The villagers filed an application to Superintendent of Police, mentioning therein that the daughter of the informant was suffering from heart disease and she died in course of treatment. The informant has filed a petition in the Court of Chief Judicial Magistrate, Vaishali at Hajipur, mentioning the same fact in which the informant has also stated in his application that the deceased had died due to heart attack. On the other hand, the learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 428 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned

Patna High Court CR. MISC. No.29296 of 2022(3) dt.09-01-2023 3/3 hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T