Pawan Kumar @ Pawan Mandal @ Jhagru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19971 of 2023 Arising Out of PS. Case No.-4 Year-2022 Thana- PIPRA District- Supaul ====================================================== 1.

Pawan Kumar @ Pawan Mandal @ Jhagru, aged about 25 years, Male, Son of Maheshwari Mandal R/V- Tulapatti, Ward no. 11, P.s- Pipra Dist- Supaul 2.

Nandan Mandal @ Nand Mandal @ Mandu Kumar @ Nadan Kumar, aged about 22 years, Male, Son of Maheshwari Mandal R/V- Tulapatti, Ward no. 11, P.s- Pipra Dist- Supaul 3.

Jai Prakash Kumar @ Jai Prakash Mandal @ Bhangia, aged about 21 years, Male, Son of Kamal Mandal R/V- Tulapatti, Ward no. 11, P.s- Pipra DistSupaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Pipra P.S. Case No. 04 of 2022 dated 04.01.2022, instituted for the offences punishable under Sections 306, 201/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 03.01.2022 at about 08:00 am, the petitioners no. 1 and 2 found their sister (Kajal Kumari) talking to a boy over a mobile phone and on enquiry she told the said mobile phone belongs to Priyanka Kumari, daughter of the informant. It is further alleged

Patna High Court CR. MISC. No.19971 of 2023(2) dt.23-05-2023 2/3 that petitioner no. 1 and 2 became angry and came to the courtyard of the informant's house and took the informant's daughter, Priyanka Kumari at his house where she was abused and assaulted. On 04.01.2022 at about 06:00 am, the informant's daughter (deceased) hanged herself with dupatta in her room and her dead body was forcibly cremated by the petitioner with the help of other co-accused persons.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is a case of suicide in which the petitioners have no role. There is no eye-witness to the occurrence. Allegation against the petitioner nos. 1 and 2 is only of abusing and assaulting the deceased one day prior to the date of occurrence. Lastly, it has been submitted that the petitioners are in custody since 07.12.2022 having no criminal antecedents and chargesheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.19971 of 2023(2) dt.23-05-2023 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Supaul, in connection with Pipra P.S. Case No. 04 of 2022.

(Khatim Reza, J) annpurna/- U T