Jiyalal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25672 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Jiyalal Mandal son of late Bhola Mandal resident of village Ajmerijpur P.S. Nathnagar Dist Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 04.04.2015 in a case registered for the offences punishable under Sections 302, 201 and 506/34 of the Indian Penal Code. The prosecution case is that the daughter of the informant Kiran Kumari went in the company of co-accused Chandan Kumar, Kanhaiya Kumar and this petitioner on 16.03.2015 since then she went traceless. When the informant went to the petitioner to enquire about his daughter then he gave life threatening. On 19.03.2015 at 2.00 P.M. dead body of the daughter of the informant was recovered from a maize field of Upi Yadav.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.25672 of 2015 (2) dt.23-07-2015 2/2 petitioner that there is no eye witness to the occurrence. The victim went traceless on 16.03.2015 but no information was given to the police and ultimately after recovery of the dead body on 19.03.2015 the FIR was lodged which reached to the court of learned CJM on 24.03.2015 which suggests that the FIR was registered by ante-dating and the delay in lodging of the FIR clouds the accusation of last seen against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent and similarly situated Chandan Kumar has been granted bail vide Cr. Misc. No. 23992 of 2015, who earlier tried to outrage the modesty of the victim Kiran Kumari.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar P.S. Case No. 49 of 2015.

(Dinesh Kumar Singh, J) DKS/- U T