Patna High CourtCR. MISC./51058/2014bail granted

Chandan Kumar @ Chandan Mandal v. The State Of Bihar

2015-03-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51058 of 2014 Arising Out of PS.Case No. -219 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Chandan Kumar @ Chandan Mandal Son of Bindeshwari Mandal Resident of village - Chaintola, Kaithpura P.S.- Rasalpur, Distt- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-03-2015 Heard both sides.

The petitioner seeks bail in Kahalgaon P.S. Case No. 219 of 2014, registered for the offences punishable under Sections 364 and 34 of the Indian Penal Code.

The brother of Pramod Tanti alleged that Pramod Tanti went along with Bindeshwari Mandal, his wife Sunaina Devi and son Chandan Kumar to his Sasural, but Pramod Tanti did not return. The informant suspected that petitioner along with his parents might have killed Pramod Tanti.

Learned counsel for the petitioner submits that Pramod Tanti went along with the petitioner, but he boarded the train at Bhagalpur. There is no evidence to show that the petitioner either kidnapped Pramod Tanti or killed him. Except suspicion there is

Patna High Court Cr.Misc. No.51058 of 2014 (3) dt.20-03-2015 2/2 no material. Even during the course of investigation the witnesses have reiterated the same facts.

On perusal of records, it appears that the informant suspected that the petitioner along with his parents might have kidnapped Pramod Tanti to kill him, but except suspicion there is no material.

Considering the facts aforesaid and nature of allegations made against the petitioner and the fact that the petitioner has already remained in jail for about nine months, he above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 219 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T