Dukha Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33133 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- JALE District- Darbhanga ====================================================== 1.

DUKHA MANDAL Son of Late Mahabir Mandal Resident of Village - Narauchh, P.S.- Jale, Distt - Darbhanga.

2.

Sudhir Mandal Son of Dukha Mandal Resident of Village - Narauchh, P.S.- Jale, Distt - Darbhanga.

3.

Kamlesh Mandal Son of Faudar Madal Resident of Village - Narauchh, P.S.- Jale, Distt - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Thakur Ms. Kanchan Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-09-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Jale P.S.case No.111 of 2018, registered for offences punishable under Sections 302/201/120(B)/34 of the Indian Penal Code.

Prosecution case is that the dead-body of the son of the informant was found having injuries on his person and he has suspected hands of the petitioner in that as there was enmity from before.

Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.33133 of 2019(4) dt.16-09-2019 2/3 that except suspicion nothing has come against the petitioners during the investigation and they are ready to abide by any condition imposed upon them.

Heard learned A.P.P. and the learned counsel for the informant, who has opposed the prayer for bail on the ground that the petitioners have criminal antecedent and moreover there was suspicion as there was enmity from before and furthermore the aunt of the deceased had illicit relation with the petitioners. However, he has failed to produce any other criminal circumstances against the petitioners . Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, surrender before the learned court below within a period of two week from the date of receipt of the order and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM Ist, Darbhanga in connection with Jale P.S.Case No.111 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation and appear before

Patna High Court CR. MISC. No.33133 of 2019(4) dt.16-09-2019 3/3 the I.O. as and when required.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T