Narayan Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37763 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -TARABARI District- ARRARIA ======================================================

1. Narayan Mandal, Son of Late Dhorai Mandal,

2. Guniya Devi @ Muniya Devi, W/o Narayan Mandal, Both R/o Village- Sohagmaro, P.S.- Bardaha, District- Araria, Bihar.

3. Neelam Devi, W/o Rajesh Mandal, R/o Village- Lokhara, P.S.- Palasi, District- Araria, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Kumar Ravish, Advocate Mr. Sanjay Kumar Sharma, Advocate Mr. Kashyap Kaushal, Advocate For the S t a t e : Mr. Akshay Lal Pandit, APP For the Informant : Mr. Ramesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the learned counsel appearing for the informant as also the learned counsel for the State.

The petitioners are in custody since 17.05.2017 in connection with Tarabari P.S. Case No.45 of 2017 registered for the offences under Sections 302 of 120-B of the Indian Penal Code.

Learned counsel for the petitioner submits that there is no material worth the name in the case diary to support the allegations as have been made out against these petitioners. It is further submitted that it is rather improbable that the parents of the deceased boy would do away with their only son.

Patna High Court Cr.Misc. No.37763 of 2017 (3) dt.21-09-2017 2/2 Furthermore, the sister, who is Petitioner No.3, is not the sister, who was living along with the parents as has been referred to in the F.I.R. itself.

The diary in this case was called for, which has since been received.

Learned counsel appearing on behalf of the informant has tried to persuade this Court by submitting that these petitioners were actively involved in the occurrence and it was on the day when the deceased decided to bring his wife, he was done to death. Thus, they were also involved in the occurrence. Having considered the entire facts and circumstances of the case and the materials in the case diary and there being no material in the case diary to support the case of the informant, let the above named petitioners be released on bail on their furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Tarabari P.S. Case No.45 of 2017. (Anjana Mishra, J) PNM U T