Jai Chandra Mandal @ Jaichand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13098 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Jai Chandra Mandal @ Jaichand Mandal S/o Manjho Mandal Resident of village - Sonudih, P.S. Goradih, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302, 201/34 of the Indian Penal Code. The informant alleged that her husband went towards field to attend the call of nature but he did not return. She asked her brother Bhadeshwar Mandal to search out her husband. Bhadeshwar Mandal saw the petitioner and others killing the husband of informant and putting him into a well. Bhadeshwar Mandal informed his sister. On such, villagers went there and took out dead body from the well.

Mr. Pramod Kumar Singh, the learned counsel for the petitioner, submits that it is not natural conduct of the informant as her brother saw the occurrence but he is not the informant of the

Patna High Court Cr.Misc. No.13098 of 2016 (4) dt.24-06-2016 2/2 case but from perusal of the case diary, it appears that Bhadeshwar Mandal very categorically stated that he saw the occurrence. Considering the facts aforesaid and the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T