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Patna High CourtCR. MISC./62/2021bail granted

Chandradeo Mandal v. The State Of Bihar

2021-02-10Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

CHANDRADEO MANDAL Son Of Late Kirparam Mandal Resident Of Village - Biri, Ward No. 3, P. S. - Udakishunganj, District - Madheupura. 2.

Shekha Devi W/O Chandradeo Mandal Resident Of Village - Biri ward No. 3, P. S. - Udakishunganj, District - Madhepura. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2021 Heard learned Counsel for the petitioners and the learned Counsel for the State.

This Court would expect that the petitioners' Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioners seek bail in Bhawanipur PS Case No. 103 of 2020 registered under Sections 302, 201 and 34 of the IPC. Learned Counsel for the petitioner submits that the petitioners are father-in-law and mother-in-law of the deceased. As per prosecution case the information regarding the informant's sister being missing from her matrimonial home was given by the husband of the deceased himself. The FIR is based on suspicion. The husband is already in custody and it is further submitted that the postmortem report belies the allegations made in the FIR regarding death being cause by electrocution as the cause of death has been mentioned as due to burn injuries.

Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.62 of 2021(2) dt.10-02-2021 2/2 Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioners is allowed.

Let the petitioners above named 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 Judicial Magistrate, Purnea in Bhawanipur PS Case No. 103 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioners will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T