Mantoo Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5043 of 2015 Arising Out of PS.Case No. -403 Year- 2013 Thana -AMARPUR District- BANKA ======================================================

1. Mantoo Mandal Son of Shyam Sundar Mandal

2. Purushottam Mandal @ Purushottam Kumar Mandal @ Pappu son of Kameshwar Mandal Both are residents of village - Geratikar, P.S. Fullidumar, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate. For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2015 Heard both sides.

The petitioners apprehend their arrest in Amarpur (Fullidumar) P.S. Case No. 403 of 2013, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Kishori Mandal the informant named Kamod Mandal, Shyam Sundar Mandal, Yashoda Devi, Sindhu Devi and Rakesh Mandal and alleged that they happens to be the wife and in-laws of his son and they killed his son Debu Mandal and threw his dead body.

Learned counsel for the petitioners submits that the petitioners are not named in the FIR. There is no eye witness of

Patna High Court Cr.Misc. No.5043 of 2015 (2) dt.05-02-2015 the occurrence. The named accused have already been granted anticipatory bail by this Court vide order dated 09.10.2014 passed in Cr. Misc. No. 19826 of 2014. The name of the petitioner figured in the case during the course of investigation that too on mere suspicion.

On perusal of records, it appears that the petitioners are not named in the FIR. The informant alleged that his son was killed by his wife and in-laws. The petitioners are the villagers of the in-laws of the deceased.

Considering the facts aforesaid, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 403 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T