Awdhesh Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.16996 of 2017 (2) dt.01-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16996 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -KHAZANIHAT District- PURNIA ====================================================== Awdhesh Mandal Son of Late Arjun Mandal Resident of Village- Bitha, P.S. Bhawanipur, District Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Madhur Nand Jha, APP-102 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with K. Hat P.S. Case No. 77 of 2017 registered for the offences punishable under Sections 506, 386, 509 and 120B of the Indian Penal Code. Allegedly, the petitioner told the informant to deal with her and thereafter, Mahavir Mandal came and told the informant that he was sent by Awadhesh Mandal and demanded Rs. 2 lakhs, otherwise the informant and her family members will be killed by Awadhesh Mandal when he will come out from jail, further Mahavir Mandal also caused threats to withdraw the case. Submission is of false implication and that the allegation against the petitioner is concocted and baseless and the petitioner has never caused threats to anyone. He has been made victim of circumstances and as such the petitioner who is suffering in

Patna High Court Cr.Misc. No.16996 of 2017 (2) dt.01-05-2017 custody since 13.02.2017 deserves sympathetic consideration. Learned APP seriously opposes the prayer of bail by submitting that the life of the informant is in danger and the petitioner has got criminal antecedent as he is involved in 43 cases and if he will be released from jail he will kill the informant and her family members.

In the facts and circumstances stated above, considering the criminal antecedent of the petitioner, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T