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Patna High Court/31342/2021allowed

Jitan Mandal @ Jitendra Mandal v. The State Of Bihar

2021-07-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31342 of 2021 Arising Out of PS. Case No.-163 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== JITAN MANDAL @ JITENDRA MANDAL SON OF PAPPU MANDAL R/O VILLAGE- RAM NAGAR MANKATHA, P.S.- AMAHARALAKHISARAI, DISTRICT- LAKHISARAI. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 302/120B/498A/201 of the Indian Penal Code.

The petitioner in association of other co-accused is said to have killed the daughter of the informant on nonfulfillment of dowry demand.

Patna High Court CR. MISC. No.31342 of 2021(2) dt.06-07-2021 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case as he is brother of the husband of the deceased. As a matter of fact, the deceased died due to falling from the running train while she was catching the train. There is abnormal delay of six months in lodging the F.I.R. without explaining cogent and plausible reason for the said delay. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 15.08.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rail Kiul P.S. Case No.163 of 2019. (Anjani Kumar Sharan, J) Trivedi/- U T