Bilash Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17080 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================
1. Bilash Mandal, S/o Late Ramdhari Mandal
2. Anita Devi, W/o Bilash Mandal Both Resident of Village- Bithla, P.S.- Parbatta (Maraiya), District- Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in Parbatta ( Maraiya) P.S.Case No.14 of 2017, G.R. No.110 of 2017 for the offence under Sections 302, 201/34 of the I.P.C. The allegation of the informant is that the marriage of Bishekha Devi, sister of the informant, was performed with Pramod Mandal resident of village- Bithla, P.S. Parbatta, Khagaria,ten years earlier. She has been blessed with two sons. Since before 2/3 years Pramod Mandal used to torture and assault his wife on account of his illicit relationship with his bhabhi, Anita
Patna High Court Cr.Misc. No.17080 of 2017 (2) dt.16-05-2017 2/3 Devi who happens to be wife of petitioner no.1 Vilash Mandal. In the morning of 15.01.2017 the informant came to know that his sister Anita Devi has been killed by her husband Pramod Mandal, brother-in-law Bhola Mandal, Vilash Mandal, petitioner no.1, Anita Devi, petitioner no.2, Sattan Mandal and three unknown persons.
The learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners and on mere suspicion both have been implicated only on account of the husband of the deceased had illicit relationship with the wife of petitioner no.1. Further submission is that the petitioners are nor family members of the deceased nor specific allegation of any overt act has been attributed to the petitioners except the petitioners are co-villager of the husband of the deceased which led to their false implication in this case.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M. 1st, Khagaria, in Parbatta (Maraiya) P.S.Case No.14/17,
Patna High Court Cr.Misc. No.17080 of 2017 (2) dt.16-05-2017 3/3 G.R.No.110/17 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Rajendra Kumar Mishra, J) AnilKrSinha/- U