Mohan Baitha @ Petu Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42781 of 2021 Arising Out of PS. Case No.-166 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== 1.

MOHAN BAITHA @ PETU BAITHA Son of Late Yogi Baitha Resident of village - Amer, P.S. - Bidupur, District - Vaishali. 2.

Nitu Devi Wife of Mohan Baitha @ Petu Baitha Resident of village - Amer, P.S. - Bidupur, District - Vaishali.

3.

Rekha Kumari @ Sulekha Kumari Wife of Prem Kumar Baitha Resident of village - Amer, P.S. - Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-03-2022 Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Bidupur P.S. Case No. 166 of 2021 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The petitioners are father, mother and sister-in-law of the deceased.

Patna High Court CR. MISC. No.42781 of 2021(3) dt.25-03-2022 2/2 The F.I.R. has been registered on the basis of the statement of a local Chaukidar who has suspected the petitioners to be involved in the crime. During investigation, no evidence has come to connect the petitioners in the crime. It is improbable that the petitioners who are father, mother and sister-in-law of the deceased will be involved in the killing of the deceased. Moreover there is no chance of petitioners' absconding.

Considering the facts and circumstances, the present anticipatory bail application is allowed.

Accordingly, let the petitioners, above named, be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each 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. 166 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sandeep Kumar, J) Saif/- U T