Ajeshwar Pandey @ Ajeshwar Kumar Pandey @ Ajeyeshwar Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39420 of 2020 Arising Out of PS. Case No.-470 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== AJESHWAR PANDEY @ AJESHWAR KUMAR PANDEY @ AJEYESHWAR KUMAR PANDEY Son of LATE KAMLESHWARNATH PANDAY Resident of Mohalla - Bhola Babu Colony, P.S.- Bettiah Town, Distt.- West Champaran.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate.

For the State :

Mr. Sunil Kumar Pandey, A.P.P.

For the Informant :

Mr. Bijendra Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 24.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant, through Video Conferencing.

The petitioner apprehends his arrest in connection with Turkauliya (Banjariya) P.S. Case No.470 of 2018 registered under Section 306 of the Indian Penal Code.

The accusation is that on 25.07.2018, Abhay Kumar

Patna High Court CR. MISC. No.39420 of 2020(2) dt.15-07-2021 2/3 Singh, the husband of the informant Sweta Kumari, committed suicide leaving the suicidal note at the bed. The informant further claimed that her husband was a teacher at Government Upgraded Middle School, Pavariya Tola, Murarpur, Harsidhi, where Lalbabu Kumar was Headmaster, who misappropriated the Government money. Due to that reason, the petitioner, who was Block Education Officer, and B.R.P. Lal Babu Kashyap, transferred Lalbabu Kumar and asked the husband of the informant to discharge the work of Headmaster. Pressure was also being given to the husband of the informant to continue the operation of Mid-day meal and also to adjust the defalcated amount, due to that reason, the husband of the informant committed suicide.

Learned counsel for the petitioner submits that the petitioner, who was the Block Education Officer, has falsely been implicated in this case with an ulterior motive. Furthermore, similarly situated co-accused Lal Babu Kashyap has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 23.01.2020 passed in Criminal Misc. No.51949 of 2019. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of

Patna High Court CR. MISC. No.39420 of 2020(2) dt.15-07-2021 3/3 the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya (Banjariya) P.S. Case No.470 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U