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Patna High CourtCR. MISC./59556/2021bail granted

Sushil Kumar v. The State Of Bihar

2022-06-22Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59556 of 2021 Arising Out of PS. Case No.-404 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Sushil Kumar Son of Birendra Singh @ Bapun Singh @ Bapun Resident of Village- Mishrapur, P.S.- Sasaram Muffasil, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 306 of the Indian Penal Code.

It is a case of abatement for committing suicide. As per allegation in the F.I.R, there was a joint family business of mills of flour, oil and spice of which petitioner and the informant are partners. On demand of share of income made by the informant's brother, several partners including the petitioner refused to give his share and they threatened to face dire consequences.

Patna High Court CR. MISC. No.59556 of 2021(3) dt.22-06-2022 2/3 They also abate the informant's brother that why he does not commit suicide due to which the informant's brother was passing through mental agony and on 29.12.2020, he committed suicide by hanging.

It is submitted by learned counsel for the petitioner that petitioner is cousin brother of the informant and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner had already filed an informatory petition against the deceased and his family members before the learned Chief Judicial Magistrate, Rohtas at Sasaram on 17.08.2020. The deceased was suffering from depression as he wanted to marry with the sister-in-law of the informant which was being objected by the family members. Moreover, the partition between the parties has already been decided on 02.09.2001 before the learned Consolidation Officer, Sasaram, Rohtas.

In the facts and circumstance of the case, let

Patna High Court CR. MISC. No.59556 of 2021(3) dt.22-06-2022 3/3 the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. Case No. 404 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T