Mantu Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.3734 of 2017 (3) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3734 of 2017 Arising Out of PS.Case No. -195 Year- 2016 Thana -DHAMDAHA District- PURNIA ====================================================== Mantu Mandal, son of Kulo Mandal, R/o village- Haripur, P.S. - Dhamdaha, District - Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Dhamdaha P.S. Case No. 195 of 2016 instituted for the offence under Sections 302/34 of the Indian Penal Code.

It is submitted that mere suspicion has been raised against the petitioner. There is no specific overt act against him. There is allegation in the written report that the deceased had gone to the house of this petitioner in the night and he was last seen with the petitioner. When the deceased did not return, his wife enquired from the petitioner, who told that he had already returned at 7 P.M. Thereafter, on 10.11.2015 from her uncle, the informant learnt that dead body of his brother is lying on the gate of middle school, Haripur. It is also mentioned in the

Patna High Court Cr.Misc. No.3734 of 2017 (3) dt.28-02-2017 written report that deceased had illicit relationship with Renu Devi and Rani Kumari. Suspicion has been raised that on account of such illicit relationship, the deceased has been done to death by the petitioner.

Learned A.P.P. after looking into the case diary has submitted that besides suspicion, there is no any allegation of any overt act against this petitioner. From the order of learned Sessions Judge, it also appears that besides suspicion, no any overt act has been alleged against this petitioner.

Considering the aforesaid facts and circumstances of the case. Prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10, 000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Dhamdaha P.S. Case No. 195 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) Ravi/- U T