Upendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39390 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -TIKAPATTI District- PURNIA ====================================================== Upendra Mandal, S/o Late Mahanth Mandal, R/o Village - Baidira Tola, Tikkapati, P.S. Tikapati, Dist Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Singh, Advocate. For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Tikkapatti P.S. Case No. 84 of 2017 instituted for the offence under Sections 302, 322 and 34 of the Indian Penal Code.
The informant has alleged in the written report that he got information that due to land dispute when his wife had gone to visit his land, she was assaulted and administered poison by this petitioner.
Case diary has been received.
The learned A.P.P. has submitted that none of the witnesses have claimed to see the occurrence. They all are hearsay witnesses. In the post-mortem report, the Doctor has preserved various viscera for forensic analysis to confirm the cause of death.
Patna High Court Cr.Misc. No.39390 of 2017 (5) dt.12-09-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Tikkapatti Case No. 84 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri D. Prakash, Judicial Magistrate, 1st Class, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.