Chandrika Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.894 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Chandrika Patel, (Male), aged about 48 years, Son of Laxmi Patel, resident of Village- Sihpur, P.S.- Mainatand, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Mainatand PS Case No.103 of 2023 dated 22.07.2023, instituted under Sections 306, 201/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the daughter of the petitioner was having love affairs with a boy. She eloped with the said boy and remained out of the house for few days and thereafter she came back on account of which the petitioner being the father had scolded her. It is alleged that the daughter of the petitioner committed suicide by hanging herself and thereafter her cremation was done by the petitioner and others without informing the police. When the police reached the cremation ground, burnt dead body of the deceased was found
Patna High Court CR. MISC. No.894 of 2024(2) dt.24-01-2024 2/3 and family members of the petitioner was not present.
4. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. It is further submitted that the petitioner is the father of the deceased, who was aged about 14 years. On the basis of suspicion, the local chaukidar has lodged the first information report against the petitioner and his family members at the behest of his enemies. It is also submitted that there is no eye witness to the alleged occurrence. In fact, petitioner's daughter was suffering from epilepsy since long and she was a premature child and she died her natural death. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in Mainatand PS Case No.103 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure,
Patna High Court CR. MISC. No.894 of 2024(2) dt.24-01-2024 3/3 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T