Rishi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32897 of 2021 Arising Out of PS. Case No.-851 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== RISHI MANDAL SON OF BHOLA MANDAL RESIDENT OF VILLAGEPAKKISARAI, P.S.- GHOGHA, DISTT.- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Swapnil Kumar Singh- Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kumar Gautam- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with S.T. No.190 of 20/ 131 of 2021 arising out of Kahalgaon (Ghogha) P. S. Case No.851 of 2019, instituted for the offences under Sections 302, 201/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 02.10.2020 and he is a person with clean antecedent, charge-sheet has been submitted in the case. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that his daughter Bandana Kumar was married with Kishan Mandal in the Year 2017. Since last 8-10 months, Kishan Mandal was torturing her alleging that

Patna High Court CR. MISC. No.32897 of 2021(2) dt.29-11-2021 2/3 she was leading an adulterous life. The deceased used to inform the informant about the threat being given by Kishan Mandal. On 04.12.2019, the son-in-law of the informant informed him about the missing of deceased since 29.11.2019. Accordingly, informant went to the matrimonial home of his daughter and came to know that his daughter has been killed and buried near Todka river from where the dead body was recovered. The learned counsel for the petitioner submits that petitioner has absolutely no concern with the family member of Kishan Mandal and his name has come on the confessional statement of Kishan Mandal, who himself has made his confessional statement before the police under a duress. The learned counsel for the petitioner further submits that from the F.I.R. itself, it would manifest that the informant alleges that he was informed about the death of his daughter on 04.12.2019 itself, but the F.I.R. came to be instituted on 12.12.2019 i.e. after a delay of eight days without any explanation.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody and has no relation with Kishan Mandal and is a person with

Patna High Court CR. MISC. No.32897 of 2021(2) dt.29-11-2021 3/3 clean antecedent, charge-sheet has been submitted and F.I.R. came to be instituted after a delay of eight days, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-X, Bhagalpur in connection with S.T. No.190 of 20/ 131 of 2021 arising out of Kahalgaon (Ghogha) P. S. Case No.851 of 2019.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T