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Patna High CourtCR. MISC./68262/2018allowed

Om Prakash Mehta @ O. P. Mehta v. The State Of Bihar

2018-12-14Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68339 of 2018 Arising Out of PS. Case No.-379 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Dr. Pooja Singh @ Pooja Kumari @ Dr. Puja Singh @ Puja Kumari, Wife of Dr. Major Durga Shankar, resident of Bhawani Hospital and Research Institute, Power House Chowk, Mohalla- Maripur, P.S.- Khazimohammadpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 68262 of 2018 Arising Out of PS. Case No.-379 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Om Prakash Mehta @ O. P. Mehta, Son of Late Kedar Nath Mehta, Resident of Mohalla- Purani Bajar, Shukla Road, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In Criminal Miscellaneous No. 68339 of 2018) For the Petitioner/s :

Mr. Alok Kumar For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 (In Criminal Miscellaneous No. 68262 of 2018) For the Petitioner/s :

Mr. Alok Kumar For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection KMP (Kazimohammadpur) P.S. Case No. 379 of 2018 for the offence under Sections 302, 201, 120 (b) and 34 of the

Patna High Court Cr.Misc. No.68339 of 2018(2) dt.14-12-2018 2/3 Indian Penal Code.

The Court below while rejected the application for grant of anticipatory bail noted the fact that one Pankaj Kumar was arrested in the case has confessed his complicity in the commission of the crime and the involvement of Shashi Rai, Ajay Rai and Aditya Kumar Sahni.

Considering the fact that earlier the informant has suspected involvement of the petitioner in Crl. Misc No. 68339 of 2018 the owner of the nursing home and other employees and on that basis the case was registered but after arrest of Pankaj a new story has surfaced which ruled out the involvement of these petitioners in the commission of the crime, the Court is inclined to grant bail subject to the conditions, (i) That the petitioner shall deposit the passport before the Trial Court, (if petitioner is holder of passport) (ii) That they will not in any manner tamper with the evidence, (iii) That they will extent full cooperation in the completion of the trial. Let the petitioners above named, in the event of arrest or surrender within one month from today, be released 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 Court of Learned Chief Judicial Magistrate, Muzaffarpur in connection with KMP (Kazimohammadpur) P.S.

Patna High Court Cr.Misc. No.68339 of 2018(2) dt.14-12-2018 3/3 Case No. 379 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. and other condition indicated hereinabove.

(Anil Kumar Upadhyay, J) T.Kr./- U T