Jitendra Kumar Pandey @ Jitendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55270 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- JALALPUR District- Saran ====================================================== 1.

Jitendra Kumar Pandey @ Jitendra Pandey S/O Kanhaiya Pandey R/O Village- Harpur, Kishunpur, P.S- Jalalpur, Distt.- Saran. 2.

Abhay Pandey @ Abhay Kumar Pandey S/O Jay Prakash Pandey R/O Village- Harpur, Kishunpur, P.S- Jalalpur, Distt.- Saran. 3.

Arti Devi @ Mala Devi W/O Jitendra Pandey R/O Village- Harpur, Kishunpur, P.S- Jalalpur, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-12-2024 Heard the learned counsel for the petitioners and learned APP for the State.

2. This application filed on behalf of the petitioner no. 3/Arti Devi was dismissed as withdrawn on 09.08.2024.

3. The petitioner no. 01/Jitendra Kumar Pandey @ Jitendra Pandey and petitioner no. 02/Abhay Pandey apprehend their arrest in a case registered for offences under Sections 302, 120B of the Indian Penal Code.

4. According to the FIR, the complainant has alleged that on 03.07.2023, when she was returning home from the temple after offering prayers, Jaiprakash Pandey, Jitendra

Patna High Court CR. MISC. No.55270 of 2024(3) dt.20-12-2024 2/3 Pandey, Omprakash Pandey, Neeraj Pandey, Abhay Pandey, Aarti Devi, they were all running fast from the back side of her house. When she entered the house, she saw that her son Priyanshu Kumar Pandey was lying dead and hanging with the help of a sari.

5. Though initially the case was registered under Section 302, 120B of the Indian Penal Code but during investigation it has come that the deceased committee suicide in his own house.

6. It has been argued by the learned counsel for the petitioner, Sri Pandey that the petitioner no. 01/Jitendra Kumar Pandey @ Jitendra Pandey and petitioner no. 02/Abhay Pandey @ Abhay Kumar Pandey are the agnate of the deceased and due to enmity, entire family of the petitioners have been implicated in this case.

7. Learned APP for the State has vehemently opposed the prayer for bail.

8. Considering the facts and circumstances of the case, this application for anticipatory bail is allowed.

7. Accordingly, let the petitioner no. 01/Jitendra Kumar Pandey @ Jitendra Pandey and petitioner no. 02/Abhay Pandey @ Abhay Kumar Pandey, in the event of their arrest or

Patna High Court CR. MISC. No.55270 of 2024(3) dt.20-12-2024 3/3 surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-13, Saran at Chapra/concerned court below in connection with Jalalpur P.S. Case No. 162 of 2023 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This is also subject to condition that the petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial.

9. This application for anticipatory bail is allowed. (Sandeep Kumar, J) Shishir/- U T