Tulsi Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.54245 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54245 of 2016 Arising Out of PS.Case No. -163 Year- 2016 Thana -BHAWANIPUR District- PURNIA ====================================================== Tulsi Mandal, Son of Ramfal Mandal, resident of village - Manth Tola Aukatya, P.S. Bhawanipur, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhawanipur P.S. Case No. 163 of 2016 registered under Sections 364, 302 and 201/34 of the Indian Penal Code, pending in the court of J.M. Ist Class, Purnea.

The accusation is that Md. Sajid, son of the informant was missing since 03.09.2016. In course of search, informant came to know that Sitara Khatoon, who is relative of the informant, concealed his son. On 13.09.2016, when Sitara Khatoon was pressurized then she disclosed that the son of the informant had seen her in objectionable condition with petitioner due to that reason Md. Sajid, son of the informant, was killed and

Patna High Court Cr.Misc. No.54245 of 2016 (2) dt.21-12-2016 buried. Thereafter, informant gave information to the police, who came and recovered the dead body of his son in the bamboo orchard of Gopal Prasad Singh.

Learned counsel for the petitioner submits that, in fact, there was dispute in between the petitioner and Md. Sajid, who has illicit relation with Sitara Khatoon, due to that reason petitioner has falsely been implicated in this case. It is further submitted that the dead body was not in position to identify by anyone.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T