Bhutai Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17991 of 2017 Arising Out of PS.Case No. -80 Year- 2012 Thana -MARAUNA District- SUPAUL ======================================================

1. Bhutai Mandal, Son of Late Jivlal Mandal, Resident of VillageRampura, P.S.- Bheja, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Binod Kumar Sinha, Adv. Mr. Ashok Kumar, Adv.

For the Opposite Party/s : Smt. Indu Bala Pandey. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 The petitioner is apprehending his arrest in connection with Marauna P.S. Case No. 80 of 2012, registered for offences punishable under Sections 302, 201 and 34 Indian Penal Code. Petitioner is named in the F.I.R. Allegation against the petitioner that he killed the deceased.

It has been submitted on behalf of the petitioner that petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, the name of petitioners surfaced in this case merely on the basis of suspicion as it is alleged that petitioner's wife had illicit relationship with the deceased and due to which, petitioner might have killed the deceased.

Learned counsel for the State also could not controvert

Patna High Court Cr.Misc. No.17991 of 2017 (2) dt.02-05-2017 2/3 the above submission of learned counsel for the petitioner. Having heard both sides, considering the facts and circumstances of the case and also save and except suspicion, there is nothing against the petitioner, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Supaul in connection with Marauna P.S. Case No. 80 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.17991 of 2017 (2) dt.02-05-2017 3/3 prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T