Kamlesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21939 of 2017 Arising Out of PS.Case No. -79 Year- 2015 Thana -SONO District- JAMUI ======================================================

1. Kamlesh Mandal Son of late Shankar Mandal Resident of Village Tetariya, Police Station Sono, District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 The petitioner seeks regular bail in connection with Sono P.S. Case No. 79 of 2015, registered for offences punishable under Sections 498A and 304(B)/34 Indian Penal Code. Allegation against the petitioner is of killing the deceased by setting her on fire.

It has been submitted on behalf of the petitioner that during the course of investigation, it has come that petitioner was not present in the village at the time of occurrence, as he was in Surat and further witnesses have also said that on seeing the fire and hearing the scream, they went there and found the door of the house was locked from inside and no body was there except deceased, as such, no case under the above mentioned Sections of Indian Penal Code is made out against the petitioner. he is in custody since 23.02.2017.

Learned counsel for the state could not controvert the above submission of learned counsel for the petitioner.

Patna High Court Cr.Misc. No.21939 of 2017 (3) dt.30-06-2017 2/2 Having heard both sides, considering the facts and circumstances of the case, 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 ACJM-Ist, Jamui, in connection with Sono P.S. Case No. 79 of 2015, 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 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