Premlal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44630 of 2018 Arising Out of PS.Case No. -168 Year- 2016 Thana -DHURAIYA District- BANKA ======================================================

1. Premlal Mandal Son of Biranchi Mandal Resident of Village- Nasrat Khani (Mohanpur), P.S. Nath Nagar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 The petitioner is in custody since 14.05.2018 in connection with Dhoraiya P.S. Case No. 168 of 2016, registered for offences punishable under Sections 328, 302 and 34 of the Indian Penal Code.

Allegation against the petitioner and his wife is that they offered the sweet to the wife of informant and after consuming the same, she complained of stomach pain and, thereafter, died and it is alleged that the sweet, which was offered to the deceased, contained poisonous substance.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and the charge-sheet has been submitted in this case under Section 306 of the Indian Penal Code and he has been in judicial custody since 14.05.2018 and has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.44630 of 2018 (3) dt.05-09-2018 2/2 Considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Dhoraiya P.S. Case No. 168 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T