Raja Pandit @ Raja Kumar @ Raja Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73027 of 2023 Arising Out of PS. Case No.-426 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Raja Pandit @ Raja Kumar @ Raja Kumar Pandit Son Of Subedar Pandit @ Subdar Pandit Resident Of Village- Mohanpur, Police Station- Patory (Mohanpur O.P.), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advocate For the State :

Mr. Shahabuddin Azeem @ S. Azeem, APP For the informant :

Mr. Suneil Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant and perused the case diary.

2.

The petitioner seeks bail in connection with Patori P.S. Case No. 426 of 2023 instituted for the offence under Sections 304B, 201 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that sister of the informant was done to death at her matrimonial house. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-08-2023, after his surrender. Petitioner is stated to be man of clean antecedent. 5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.73027 of 2023(5) dt.02-04-2024 2/3 counsel that petitioner has been falsely implicated in the present case. There is no specific allegation levelled against the petitioner. There is general and omnibus allegation levelled against the petitioner. It is submitted that petitioner was not present at the time of occurrence as he was in Maharashtra for his livelihood.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patori P.S. Case No. 426 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.73027 of 2023(5) dt.02-04-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj kishore/- U T