Ganga Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53066 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- AMARPUR District- Banka ====================================================== Ganga Mandal Son Of Khesari Mandal Resident Of Village- Sangrampur, P.SAmarpur, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 120(B), 302, 201/34 of the Indian Penal Code. It is a case of commission of murder of a lady namely Nirmala Devi.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The F.I.R has been registered against unknown. The name of the petitioner transpired in this case since during course of investigation, it came to

Patna High Court CR. MISC. No.53066 of 2021(5) dt.30-08-2022 2/3 know that petitioner was having friendship with the deceased and he used to talk to her. The petitioner denies the mobile number to be his own through which calls were made to the deceased.

In contra, learned A.P.P appearing on behalf of the State has submitted that in para 27 of the case diary, the witness Kailash Rai who is husband of the deceased has identified the deceased and also given a written complaint to the S.H.O, Amarpur, Bank alleging that this petitioner had friendship with the deceased and he called the deceased through mobile phone and thereafter killed her. The CDR also suggests that this petitioner had called to the deceased on the alleged date of occurrence. The Postmortem report also suggests that the cause of death was due to sharp cut weapon which is grievous and dangerous to live.

In the facts and circumstance of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.53066 of 2021(5) dt.30-08-2022 3/3 The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T