High Court Patna High Court - Orders

Dharmatma Pandey vs The State Of Bihar on 26 April, 2011

Patna High Court – Orders
Dharmatma Pandey vs The State Of Bihar on 26 April, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.6231 of 2011
                                 DHARMATMA PANDEY
                                            Versus
                                 THE STATE OF BIHAR
                                          -----------

2. 26.04.2011. Heard the learned counsels for the

petitioner and the State.

The petitioner is apprehending his

arrest in a case registered under Section

302/34 of the Indian Penal Code.

The case was instituted in 1998 and

in 1999 final form was submitted as the case

true but no clue which gets reflected from

Annexure-2. The final form was accepted in

2000 by the learned court below. After eight

years of the same, in 2008 an application

was filed by the police for permission to

reinvestigate the matter. The matter is

still under investigation. The order was

for reinvestigation was made in 2008. The

order of reinvestigation created

apprehension in the mind of the petitioner.

Though it is submitted that reinvestigation

is not permissible but this Court is not

inclined to deal with the said issue at

present.

Since after several years of
2

submission of the final form reinvestigation

has been permitted and a statement has been

made in paragraph no.20 of the petition that

the petitioner has no criminal antecedent,

let the petitioner, above named, be released

on bail in the event of arrest or surrender

before the learned court below within a

period of twelve weeks from today in

connection with Siwan Town P.S. Case No. 102

of 1998 on furnishing bail bond of

Rs.10,000/-(Ten Thousand) with two sureties

of the like amount each to the satisfaction

of the learned C.J.M. Siwan, subject to the

conditions as laid down under Section 438(2)

of the Code of Criminal Procedure.

U. K.                                   ( Dinesh Kumar Singh, J)