Siya Ram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40629 of 2020 Arising Out of PS. Case No.-436 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Siya Ram Mandal aged about 58 years Son of Late Kunji Lal Mandal Resident of Village - Beena Andauli ward no.- 9. P.S.- Supaul, District - Supaul ... Petitioner

Versus

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

For the Petitioner :

Mr.Kamal Kishore Singh, Advocate For the Opposite Party :

Mr. Dr Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 302/201 of the Indian Penal Code.

As per the prosecution case, on 17.6.2020 informant's daughter went to take part in marriage ceremony at the house of one Jagdish Mandal but she did not return and on 21.6.2020 her dead body was recovered. Informant has suspected the hand of the petitioner, her husband.

Learned counsel for the petitioner submits that there is no eye witness to the occurrence and save and except suspicion, no incriminating material has been collected against the petitioner during course of the investigation. Petitioner has been implicated in this case because of some family dispute. Petitioner is father of the deceased, whereas informant is his

Patna High Court CR. MISC. No.40629 of 2020(2) dt.23-02-2021 2/2 second wife. Charge sheet has already been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 22.6.2020. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in Supaul Police Station Case No. 436 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T