Ravindra Kumar @ B.M.P. vs The State Of Bihar on 11 April, 2023

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Patna High Court - Orders

Ravindra Kumar @ B.M.P. vs The State Of Bihar on 11 April, 2023

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63954 of 2022
                        Arising Out of PS. Case No.-6 Year-2017 Thana- SIRDALA District- Nawada
                 ======================================================
           1.     Ravindra Kumar @ B.M.P. S/O Brahmdev Chaudhary R/O Village- Hemja
                  Devpal, P.S- Sirdalla, District- Nawada
           2.    Rajo Chaudhary @ Jetha @ Rajendra Chaudhary S/O Late Jamman
                 Chaudhary R/O Village- Hemja Devpal, P.S- Sirdalla, District- Nawada
           3.    Manoj Chaudhary S/O Late Binda Chaudhary R/O Village- Hemja Devpal,
                 P.S- Sirdalla, District- Nawada
           4.    Navlesh Yadav @ Navlesh Kumar Yadav S/O Bhola Mahto R/O Village-
                 Hemja Devpal, P.S- Sirdalla, District- Nawada
           5.    Vijay Chaudhary S/O Banbari Chaudhary R/O Village- Laund, Chamotha,
                 (Ramnagar Hat), P.S- Sirdalla, District- Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akhilesh Kumar
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-04-2023

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

As per the complaint, on the alleged date and time of occurrence, when husband of the complainant went to attend call of nature, on the way, all the petitioners assaulted the husband of complainant and drown him in the water, due to which he died. It is further alleged that on 17.11.2016 all the Patna High Court CR. MISC. No.63954 of 2022(2) dt.11-04-2023 2/3 accused persons in drunken condition were scuffling and revealed that they committed murder of husband of complainant.

It is submitted that petitioner has been falsely implicated in this case due to previous enmity. During course of investigation, it has come that cause of death is due to drowning. Moreover, FIR has been lodged after inordinate delay of two months without any plausible explanation. The police after investigation submitted final form saying lack of evidence in this case, but differing with the same, learned court below took cognizance against the petitioners under Section 302, 201/34 of the Indian Penal Code. Petitioners have got clean antecedents except petitioner no. 5.

Considering the facts aforesaid, the petitioners above- named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Nawada in connection with Sirdala P.S. Case No. 06 of 2017, subject to the conditions as laid down under Section 438(2) of Patna High Court CR. MISC. No.63954 of 2022(2) dt.11-04-2023 3/3 the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/-

U        T

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Patna High Court - Orders