Tilai Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20716 of 2017 Arising Out of PS.Case No. -639 Year- 2008 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ======================================================
1. Tilai Mandal Son of Late Tej Narayan Mandal, Resident of VillageUsari, P.S.- Biroul, District- Dharbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Somni Devi @ Bimal Devi , W/o Umesh Mandal, D/o Debu Mandal, At present R/o Bela, P.S.- Hathauri, District- Samastipur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Adv. For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 The petitioner seeks regular bail in connection with C.R. No. 639 of 2008, T.R. No. 1230 of 2017, registered for offences punishable under Section 323, 498A. 494, 504/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that petitioner is devar of the complainant and this is a case of misuse of privilege of bail, however, it has been submitted by learned counsel for the petitioner that now the matter has been compromised between the parties and other accused persons including husband of the complainant has already been granted bail and the petitioner could not surrender earlier as he was in Gujarat. It has further been submitted that now petitioner has
Patna High Court Cr.Misc. No.20716 of 2017 (2) dt.09-05-2017 2/3 remained in custody for more than two months and has no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides, in view of the fact and circumstances of the case and also from perusal of the impugned order itself, it appears that now the case has been compromised between the parties and petitioner has remained in custody for more than two months, as such, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Rosera, Samastipur in connection with C.R. No. 639 of 2008, T.R. No. 1230 of 2017, subject to the 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
Patna High Court Cr.Misc. No.20716 of 2017 (2) dt.09-05-2017 3/3 of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T