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Patna High CourtCR. MISC./19109/2017rejected

Sulochna Devi And ORS v. The State Of Bihar

2017-05-25Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19109 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -RUPAULI District- PURNIA ======================================================

1. Sulochna Devi Wife of Pankaj Mandal

2. Pohil Mandal @ Poleshwar Mandal @ Baleshwar Mandal Son of Late Deep Narayan Mandal

3. Dilip Kumar Son of Pohil Mandal @ Poleshwar Mandal @ Baleshwar Mandal

4. Yogendra Mandal Son of Late Deep Narayan Mandal

5. Chandan Kumar Son of Yogendra Mandal

6. Santosh Mandal @ Santosh Kumar Son of Yogendra Mandal

7. Shankar Mandal Son of Late Deep Narayan Mandal

8. Jeetendra Mandal @ Biro Mandal @ Jeetendra Kumar Son of Shankar Mandal

9. Rekha Devi Wife of Pohil Mandal @ Poleshwar Mandal @ Baleshwar Mandal

10. Sugiya Devi Wife of Yogendra Mandal All Resident of Village- Arjapur Kathyira Tola, P.S. Chousa, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-05-2017 Heard learned counsel for the petitioners, and the learned counsel representing the State.

The petitioners apprehend their arrest in connection with Rupauli (Mohanpur) P.S Case No. 251 of 2016 registered for the offences punishable under Sections 302, 201 and 494/34 of the Indian Penal Code.

Allegedly, there was love affair between the daughter

Patna High Court Cr.Misc. No.19109 of 2017 (3) dt.25-05-2017 2/3 of the informant and Pankaj Mandal, resulting, the daughter of the informant became pregnant and thereafter, the villagers got them married and a son was born namely, Rohit. The daughter of the informant started living with the family of Pankaj Mandal but they were not liking her and ultimately on 08.11.2016 the informant came to know that at about 1.00 pm, their daughter Kunti Devi and grand-son Rohit have been killed by the petitioner Pankaj Mandal and dead bodies were recovered beneath the bridge. Submission is of false implication and that the petitioners are distant relatives of Pankaj Mandal. Pankaj Mandal is already in custody and chargesheet has already been submitted under Section 304-B IPC. The petitioner no. 2 was separated from the mess of the family and were residing separately and the petitioners have got no concern with the family affairs of the deceased and her husband and, as such, the petitioners deserve sympathetic consideration.

Learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the petitioners have committed heinous crime by killing the daughter and grand-son of the informant. In the facts and circumstances stated above, considering the allegations attributed against the petitioners, I am not inclined to grant privilege of pre-arrest bail to them and

Patna High Court Cr.Misc. No.19109 of 2017 (3) dt.25-05-2017 3/3 accordingly, their such prayer stands rejected in connection with Rupauli (Mohanpur) P.S. Case No. 251 of 2016 pending in the Court of learned C.J.M., Purnea.

(Jitendra Mohan Sharma, J) sushma/- U T