Bam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14396 of 2020 Arising Out of PS. Case No.-1090 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Bam Mandal S/O- Late Musaharu Mandal Resident of Village Bishanpur, Ward No. -3, Panchayat - Dholbajja, P.S. - Forbesganj, District - Araria. 2.

Heera Mandal @ Heera Kumar Mandal S/O- Bam Mandal Resident of Village Bishanpur, Ward No. -3, Panchayat - Dholbajja, P.S. - Forbesganj, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners who are in custody since 22.11.2019 have filed the instant application for grant of regular bail in connection with Forbesganj P.S. Case no. 1090 of 2019 (G.R. no. 4143 of 2019) registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the Chaukidar that on information being received he went to the canal where he found the completely burnt dead body of a lady. It is stated that it appeared that she had been killed elsewhere and with the intention of hiding the body, the same had been burnt and thrown here.

Patna High Court CR. MISC. No.14396 of 2020(5) dt.01-07-2020 2/2 It is submitted by learned counsel for the petitioners that the FIR was registered against unknown. The name of the petitioners transpired in course of investigation wherein it is stated that some sniffer dogs reached near the motorcycle which was standing at the door of the petitioner and thereafter proceed to the banswari behind the house. A different type of smell was coming from the same. It is submitted that besides the evidence of sniffer dog, no other substantive material had transpired in course of investigation. The petitioners have no criminal antecedent and are in custody since 22.11.2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Forbesganj P.S. Case no. 1090 of 2019 (G.R. no. 4143 of 2019) on each of them furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Partha Sarthy, J) Prakash/- U