IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20123 of 2011
1. Bijendra Pandey, S/o - Rameshwar Pandey
2. Arbind Pandey, S/o -Rameshwar Pandey
3. Rinku Pandey @ Rinku Devi, W/o - Bijendra Pandey
All are resident of village - Pipara, P.O. - Sahajeetpur, P.S.
- Baniapur, District - Saran at Chapra.
------------- Petitiners.
Versus
The State of Bihar ---Opposite Party
*****
04. 13.09.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
All the three petitioners, apprehending their
arrest in connection with Enquiry No. 185/10, U.Tr. No.
164/10, arising out of Baniapur P.S. Case No. 102/09, for
the offences under Sections 302/201/34 of the Indian
Penal Code, pending in the court of Sri Nitish Kumar,
Judicial Magistrate, 1st Class, Saran at Chapra, are named
accused in this protest complaint with allegation of
causing murder of husband of the complainant.
Submission is that initially at the instance of complainant
Baniapur P.S. Case No. 102/09 was instituted against the
petitioners but, police after investigation, finding death
of the deceased due to heart failure in spite of providing
due treatment, submitted final form which was accepted
and case proceeded and the protest complaint wherein
after some inquiry cognizance has been taken.
Considering the facts and circumstances of
the case, in the event of their arrest or surrender within
a period of four weeks, let the above-named petitioners
be enlarged on bail on furnishing bail bond of sum of
Rs. 10,000/- (ten thousand only) each with two sureties
of the like amount each to the satisfaction of Sri Nitish
Kumar, Judicial Magistrate, 1st Class, Saran at Chapra,
in connection with Enquiry No. 185/10, U.Tr. No.
164/10, arising out of Baniapur P.S. Case No. 102/09,
subject to condition under section 438(2) of the Code
of Criminal Procedure, and additional condition to
attend the court regularly at least for three years or till
disposal of the case, whichever is earlier and in the
event of failure on two consecutive dates, without any
reasonable explanation, the privilege granted shall be
deemed to be cancelled.
Rajeev/ ( Akhilesh Chandra, J.)