Anil Mandal @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23034 of 2017 Arising Out of PS.Case No. -131 Year- 2015 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Anil Mandal @ Anil Kumar Son of Kapildeo Mandal Resident of Village- Mushar Musaharniya, P.S. Phulpras, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ghoghardiha P.S. Case No. 131 of 2015 instituted for the offence under Sections-302, 201, 120B of the Indian Penal Code. As per written report, one unknown dead body of a female was recovered near the Bahiyar from Parsa Basuari. The FIR has been registered against unknown on the basis of fardbyan of the Chowkidar.

In the impugned order, it is mentioned that the aforesaid dead body was identified as dead body of one Anita Devi by her father-in-law namely, Gouri Shankar. The learned Sessions Judge in the impugned order has mentioned that in paragraphs-19 & 20 of the C.D. suspicion has been raised by the witnesses against this petitioner. In paragraph-3, it has been

Patna High Court Cr.Misc. No.23034 of 2017 (2) dt.23-05-2017 2/2 mentioned that petitioner has no criminal antecedent. In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ghoghardiha P.S. Case No. 131 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani subject to condition as laid down u/S 438(2) of the 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 petitioners 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) A.K.V./- U T