Buddhan Poddar @ Uddhan Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5198 of 2024 Arising Out of PS. Case No.-101 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== 1.
Buddhan Poddar @ Uddhan Poddar S/o Kundev Poddar R/o VillageMogaliya, Purandhaha, P.S.- Dhamdaha, Distt- Purnea 2.
Suvesh Poddar @ Subhash Poddar S/o Late Gorelal Poddar R/o VillageMogaliya, Purandhaha, P.S.- Dhamdaha, Distt- Purnea 3.
Neeraj Poddar @ Nira Poddar S/o Late Gorelal Poddar R/o VillageMogaliya, Purandhaha, P.S.- Dhamdaha, Distt- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 302, 201, 120B of the Indian Penal Code.
3. It is alleged that all the accused persons including these petitioners used to torture the deceased (sister of informant) and after her death, without giving any information to family members of her Maika, they cremated her dead-body.
4. It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case. Petitioner
Patna High Court CR. MISC. No.5198 of 2024(2) dt.17-02-2024 2/3 no. 1 is co-villager whereas petitioners no. 2 & 3 are brothers of husband of deceased. Informant is not eye-witness to the occurrence. Petitioners are separate in mess and property and have got no concern with the affairs of deceased and her husband. It is further submitted that daughter of the deceased, in her statement recorded under Section 164 Cr.P.C., has not stated anything regarding involvement of these petitioners in the alleged incident. In fact, the deceased committed suicide by taking poison herself and taking advantage of this fact, this false case has been lodged. Similarly situated co-accused namely Arun Poddar has already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 09.01.2024 passed in Cr.Misc. No. 83359 of 2023. Petitioners have got clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with
Patna High Court CR. MISC. No.5198 of 2024(2) dt.17-02-2024 3/3 Dhamdaha P.S. Case No. 101 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T