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Patna High CourtCR. MISC./51384/2022bail granted

Jawahir Pandit @ Indradeo Pandit @ Inerdeo Pandit v. The State Of Bihar

2022-12-09Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 51384 of 2022 Arising Out of PS. Case No.-40 Year-2020 Thana- NAUTAN District- Siwan ====================================================== JAWAHIR PANDIT @ INDRADEO PANDIT @ INERDEO PANDIT SON OF BANWARI PANDIT R/O VILLAGE- HASUA, P.S.- NAUTAN, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-12-2022 The matter has been taken-up through video conferencing.

Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Allegation is against Banwari Pandit and Jawahar Pandit (petitioner) of killing the informant's sister, who was married to Banwari Pandit.

Patna High Court CR. MISC. No. 51384 of 2022(2) dt.09-12-2022 2/3 Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is the son of Banwari Pandit, who is a married person, having children and has been separated from his father. It is submitted that the another case bearing Complaint Case No. (P) /10618/2016 and Registration No. 4752/2016 has been filed by the same informant for the offence punishable under Section 498A, 302, 511, 201 of the Indian Penal Code against the petitioner and his father but the Learned Magistrate took cognizance against only Banwari Pandit on 12.07.2017, which is pending at Gopalganj District.

It is stated by the petitioner that for the same allegation, the present case has been lodged in the District Siwan bearing Nautan P.S. Case No. 40/2020 dated 20.03.2020 against the petitioner and his father. It is further submitted that the petitioner is in custody since 29.06.2022 has no criminal antecedent and charge sheet has been filed in this case Learned A.P.P for the State and learned counsel for the informant vehemently opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No. 51384 of 2022(2) dt.09-12-2022 3/3 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Siwan in connection with Nautan P.S. case no. 40/2020. (Khatim Reza, J) premchand/- U T