Baleshwar @ Shailesh Gope @ Baleshar Gope @ Baleshwar Gope @ Shailesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75928 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- CHANDI District- Nalanda ====================================================== BALESHWAR @ SHAILESH GOPE @ BALESHAR GOPE @ BALESHWAR GOPE @ SHAILESH PRASAD Son of Bundela Gope Resident of Village - Maheshpur, P.S.- Chandi, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Chandi PS.Case NO.205 of 2019 , registered for offences punishable under Sections 302/34 of the Indian Penal Code. As per FIR, when the informant came to his house, he saw his wife in the injured condition and she disclosed name of the petitioner that they have assaulted and later on she succumbed to the injuries.

Submission of the learned counsel for the petitioner is that the materials collected during the investigation discloses that she received injuries from the Belt of the Floor Mill and thereafter the present false and concocted case has been lodged. Such statement has been made before the Doctor also,

Patna High Court CR. MISC. No.75928 of 2019(3) dt.10-12-2019 2/2 which will appear from Para 20 and the statement of the Driver who has taken the deceased to the Hospital in para 32 of the Case Diary as well as some independent witnesses also. Heard learned A.P.P. ,w ho has opposed the prayer for bail on the ground that in the diary, there are materials against the petitioner..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Hilsa, Nalanda in connection with Chandi P.S.Case No.205 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T