Doman Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27122 of 2016 Arising Out of PS.Case No. -125 Year- 2015 Thana -SANGRAMPUR District- MUNGER ====================================================== Doman Mandal Son of Late Lootan Mandal, resident of village - Meharna Tar, P.S. - Sangrampur (Tatia Bumber), Distt. Munger .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner, the State and the informant.
The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the I.P.C.
The prosecution story, in brief, is that on the alleged date and time of occurrence there has been a dispute between Prince Kumar son of Nagendra Mandal and informant's son Aman Kumar on Nakchipa bridge. When the petitioner arrived there and started assaulting both the boys and informant's husband, namely, Damodar Mandal also came to pacify the quarrel, the accused Biru Mandal and the petitioner started assaulting him from behind, as a result her husband fell down from the said bridge. In the meantime the informant arrived there and carried her injured husband to the doctor for treatment, where he was declared dead. It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.27122 of 2016 (4) dt.07-09-2016 2/2 the petitioner is in custody since 6.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is 70 years old. The alleged occurrence is said to have taken place due to petty quarrel between the children, who were playing together. In course of occurrence one lathi blow is alleged to have been given by the petitioner on the back of the deceased. At best, it is a case for an offence under Section 304 of the I.P.C. The other coaccused have been granted bail vide Annexure-2 to the present application.
On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and the petitioner has actively participated in the alleged occurrence.
Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Sangrampur (Tatiyabamber) P.S. case No.125 of 2015.
Narendra/- (Sudhir Singh, J) U T