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Patna High CourtCR. MISC./52742/2022allowed

Prince Kumar v. The State Of Bihar

2022-12-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52699 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- PALIGANJ District- Patna ====================================================== 1.

Ranjit Kumar Son Of Late Janki Singh R/O Village- Paipura Kala, P.S.- Paliganj, District- Patna 2.

Gaurav Kumar Son Of Ranjit Kumar Singh R/O Village- Paipura Kala, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52742 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Prince Kumar S/O Ranjit Kumar Singh Resident Of Vill. - Paipura Kala, P.S.- Paliganj, District - Patna.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 52699 of 2022) For the Petitioner/s :

Mr.Nagmani Kumar For the Opposite Party/s :

Mr.Abhay Kumar (In CRIMINAL MISCELLANEOUS No. 52742 of 2022) For the Petitioner/s :

Mr.Nagmani Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are own gotiya of the

Patna High Court CR. MISC. No.52699 of 2022(2) dt.13-12-2022 2/2 informant and having some family dispute between them. He submits that the deceased was heart patient and she was died due to heart fail. He submits that after knowing the actual fact behind death of deceased, the informant filed a compromise petition before the learned court below. He submits that the postmortem report has not supported the prosecution case. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Paliganj P.S. Case No. 265 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T