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Patna High CourtCR. MISC./4670/2016bail granted

Rajesh Mandal v. The State Of Bihar

2016-06-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4670 of 2016 Arising Out of PS.Case No. -157 Year- 2013 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Rajesh Mandal Son of Suryanand Mandal, Resident of village- Shyam Nagar, P.S.- Narpatganj (Bathnaha O.P.), Dist- Araria At present- Residing at Village- Gogri, P.S.- Kahalgaon, Dist.- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-06-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 341/323/324/307/34 of the Indian Penal Code.

Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioner submits that actually there is a dispute between the father and son over the properties. Petitioner is the son from first wife of the informant who disappeared under mysterious circumstances and for which the petitioner has lodged the case against his father Suryanand Mandal, the present informant.

Learned counsel appearing on behalf of the State after

Patna High Court Cr.Misc. No.4670 of 2016 (3) dt.21-06-2016 P2/2 perusal of the case diary submits that actually during the course of investigation, it has come that the petitioner is the son of the first wife of the informant and there was a serious dispute between the parties.

Considering the peculiar facts and circumstances of the case and that the theory of false implication cannot be ruled out and also because the petitioner has got no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Bathnaha) P.S. Case No. 157/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T