Shakaldeep Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80393 of 2018 Arising Out of PS. Case No.-270 Year-2016 Thana- KAHALGAON District- Bhagalpur ====================================================== Shakaldeep Mandal, son of Late Babulal Mandal, Resident of Village- Bakiya Diyara, P.S.-Barari, District -Katihar ... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2019 The petitioner apprehend his arrest in connection with Kahalgaon P.S.Case No. 270 of 2016 registered under Sections 201 and 302/34 of the Indian penal Code.

Allegation, as per the FIR, is that brother-in-law of the informant went to attend call of nature but thereafter he did not return and later on, his dead body was found having injury of sharp cutting weapon. Petitioner is not named in the FIR, later on his name transpired during the course of investigation. Submission of learned counsel for the petitioner is that name of the petitioner transpired after two years of the occurrence in the re-statement of the father of the deceased and nothing material has come against the petitioner. Heard learned APP also who has opposed the prayer of anticipatory bail on the ground that name of the petitioner

Patna High Court Cr.Misc. No.80393 of 2018(3) dt.22-02-2019 2/2 transpired in paras 23, 58 and 123 of the case diary as there was love affair between the daughter of the petitioner with the deceased and for that he has earlier threatened the deceased. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. If petitioner surrenders within a period of six weeks from the date of receipt of a copy of this order, and pray for regular bail, the same shall be considered by the learned court below as per the material available on record and if possible on same day, without being prejudiced by this order.

(Vinod Kumar Sinha, J) sujit/- U T