Chandan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.845 of 2025 Arising Out of PS. Case No.-346 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.

Chandan Pandey Son of Prem Nath Pandey Resident of Village- Hanuman Chapra, P.S.- Sahar, Distt.- Bhojpur 2.

Prem Nath Pandey Son of Dharmdeo Pandey Resident of Village- Hanuman Chapra, P.S.- Sahar, Distt.- Bhojpur 3.

Asha Devi Wife of Prem Nath Pandey Resident of Village- Hanuman Chapra, P.S.- Sahar, Distt.- Bhojpur 4.

Pratima Devi Wife of Chandan Pandey Resident of Village- Hanuman Chapra, P.S.- Sahar, Distt.- Bhojpur 5.

Sawari Kumari @ Chandani Kumari D/O- Prem Nath Pandey Resident of Village- Hanuman Chapra, P.S.- Sahar, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hawaldar Pandey Son of Late Kishori Pandey Resident of VillageHanuman Chapra, P.S.- Sahar, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Omprakash Pandey For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 302/34 of the Indian Penal Code.

3. As per complaint case, the complainant alleged that on 14.06.2020, when his son did not return, he began to search him and in course of search, he received a telephonic

Patna High Court CR. MISC. No.845 of 2025(2) dt.10-02-2025 2/3 information that his son has been hanged in the garden. On receipt of such information, the complainant alongwith others went there and found his son hanging from Jamun tree. They also saw these petitioners alongwith other co-accused fleeing from the spot.

4. Learned counsel for the petitioners submits that petitioners are quite innocent and have been made accused merely because they were seen fleeing away from the place of occurrence. Police after investigation submitted final form stating therein that it is a case of suicide and petitioners are not involved in the alleged crime, however on protest petition, learned Court below has taken cognizance and directed for issuance of non-bailable warrant against these petitioners and other co-accused (copy of same is annexed as Annexure -2 to the bail petition). Petitioners claim 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 eight 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

Patna High Court CR. MISC. No.845 of 2025(2) dt.10-02-2025 3/3 satisfaction of learned Judicial Magistrate 1st Class, Bhojpur at Ara in connection with Protest Complaint Case No. 346(C) of 2023, arising out of Sahar P.S. Case No. 96 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T