Gurudayal Mandal @ Gurudeo @ Gurudeo Mandal @ Gurudev Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19523 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- ISHIPUR District- Bhagalpur ====================================================== GURUDAYAL MANDAL @ GURUDEO @ GURUDEO MANDAL @ GURUDEV CHAUDHARY Son of Late Banku Mandal Resident of Village - Katoria, P.S.- Pirpainti, District - Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Prasad Roy,Advocate For the Opposite Party/s :
Mr.Arun Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2021 Heard learned counsel for the petitioner and Mr. Arun Kumar, learned APP for the State.
The petitioner, who is the father-in-law of the deceased, in the present case is seeking regular bail in connection with Ishipur (Barahat) P.S. Case No. 63 of 2020 registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. He is in custody since 27.08.2020. As per the prosecution story, the dead body of the victim lady was found near the orchard of one Pradip Singh at Chandan Nagar and two years old girl was weeping sitting over there. One Laxman Mandal who is the father of the deceased had identified the dead body and later on told the police that the victim was living with co-accused Dharmveer after her marriage with one Raj Kumar son of Gurudev Mandal (this petitioner).
Patna High Court CR. MISC. No.19523 of 2021(2) dt.27-09-2021 2/3 Learned counsel for the petitioner submits that the father of the victim has falsely implicated this petitioner because he happens to be the father-in-law of the deceased. Learned counsel further submits that there is no eyewitness to the alleged occurrence and the petitioner who has otherwise no criminal antecedent has remained in custody in connection with this case for over one year.
Learned APP for the State has though opposed the prayer for regular bail of the petitioner but considering the facts and circumstances of the case wherein as per the statement of the informant the deceased lady was living else where and the kind of materials placed before this Court, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Bhagalpur in connection with Ishipur (Barahat) P.S. Case No. 63 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal
Patna High Court CR. MISC. No.19523 of 2021(2) dt.27-09-2021 3/3 antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.