Rakesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17179 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -HARLAKHI District- MADHUBANI ======================================================

1. Rakesh Mandal Son of Awadhi Mandal, resident of village - Hat Parsa, P.S. Harlakhi, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Bhupendra Narayan Singh For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 The petitioner is in custody since 07.09.2016 in connection with Harlakhi P.S. Case No. 161 of 2016, registered for offences punishable under Section 302 of the Indian Penal Code.

Allegation against the petitioner is of killing his step daughter by pressing her abdomen.

It has been submitted on behalf of the petitioner that petitioner is the second husband of the informant and only on suspicion she has filed the present case implicating the petitioner, however, in this case, trial has begun and the informant in her deposition has submitted that on the date of occurrence, petitioner was not present at village, which is evident from Annexure -2 of this petition. Petitioner has been in judicial custody since

Patna High Court Cr.Misc. No.17179 of 2017 (2) dt.13-04-2017 2/3 07.09.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the deposition of informant that petitioner was not present at the village on the alleged date of occurrence, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VII, Madhubani in connection with Harlakhi P.S. Case No. 161 of 2016, with following conditions:- (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 will not induce any witness or tamper with the evidence.

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

Patna High Court Cr.Misc. No.17179 of 2017 (2) dt.13-04-2017 3/3 prosecution is free to move for cancellation of his bail.

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