Allowed¶29

Manoj Baitha v. the State of Bihar

Patna HC12 Jul 2024CR. MISC./7308/2024

Case brief

AI extract

What is this about?

Regular bail allowed by Patna High Court (Justice Prabhat Kumar Singh) on 12-07-2024 for Manoj Baitha and Vinod Baitha in murder case (Sections 302, 120(B), 34 IPC) arising out of Balthar PS Case No. 68 of 2023, West Champaran; custody since 29.07.2023 and 20.10.2023 respectively; suspicion based on alleged love affair; anticipatory bail earlier granted to co-accused.

What did the court decide?

Both petitioners (Manoj Baitha and Vinod Baitha) released on bail on furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C., to the satisfaction of CJM/Judicial Magistrate-I, Bettiah, West Champaran / Concerned Court, in connection with Balthar P.S. Case No. 68 of 2023. ¶29

Manoj Baitha Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7308 of 2024

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Arising Out of PS. Case No.-68 Year-2023 Thana- BALTHAR District- West Champaran

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====================================================== Manoj Baitha S/O Babulal Baitha R/O Village- Chhotka Dhunkutwa, Ward No. 09, P.S- Balthar, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 28954 of 2024

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Arising Out of PS. Case No.-68 Year-2023 Thana- BALTHAR District- West Champaran

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====================================================== Vinod Baitha S/o Sri Babulal Baitha R/o vill - Chhotaka Dhankutwa, P.S. - Balthar, Distt. - West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 7308 of 2024) For the Petitioner/s : Mr.Sarvesh Kashyap For the Opposite Party/s : Mr.Ram Sumiran Rai (In CRIMINAL MISCELLANEOUS No. 28954 of 2024) For the Petitioner/s : Mr.Sharad Kumar Verma For the Opposite Party/s : Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 12-07-2024

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Since both cases arise out of same police station case

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number, both cases are taken up together and are being disposed

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of by this common order.

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Heard learned counsel for the petitioners and

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learned A.P.P. for the State in both the cases.

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The petitioners seek bail in a case registered for the

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Patna High Court CR. MISC. No.7308 of 2024(5) dt.12-07-2024 2/3

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offence punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.

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As per prosecution case, on 27.07.2023, the son of informant namely Karan Kumar went to attend the call of nature, but did not return and on search, on the next date at about 7:30 AM, the dead-body of son of informant was found hanging on a Seisum tree. It is further alleged that informant’s son was in love with Munni Kumari (daughter of co-accused Pramod Baitha) and thus, informant suspects that due to love affairs, all the FIR named accused persons including these petitioners killed the son of the informant.

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Learned counsels for the petitioners submit that informant is not eye-witness to the occurrence and only suspicion has been raised on the ground that there was loveaffairs between daughter of co-accused Pramod Baitha and the son of informant and due to this reason, all the family members of girl side have been made accused in this case. Petitioners are full brothers of co-accused Pramod Baitha and uncle of Munni Kumari, with whom, it is alleged that informant’s son was in love. During the course of investigation, no one has claimed to have seen the occurrence nor any material has come against these petitioners to show their complicity in the occurrence. The

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Patna High Court CR. MISC. No.7308 of 2024(5) dt.12-07-2024 3/3

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dead body was found hanging with a tree and death was caused due to hanging. Co-accused Pramod Baith and Bhagar Baitha have already been granted anticipatory bail by this Court, vide order dated 19.06.2024 passed in Cr.Misc. No. 30273 of 2024. Petitioners claim clean antecedent and are in custody since 29.07.2023 and 20.10.2023 respectively.

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Having considered the facts and circumstances of the case, both the bail petitions are allowed. Let the petitioners namely Manoj Baitha and Vinod Baitha be released on bail on furnishing bail bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran / Judicial Magistrate-I, Bettiah, West Champaran/ Concerned Court in connection with Balthar P.S. Case No. 68 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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(Prabhat Kumar Singh, J)

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anay

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U T

Manoj Baitha v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Baitha v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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