Sunil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45328 of 2022 Arising Out of PS. Case No.-1 Year-2012 Thana- DHURAIYA District- Banka ====================================================== SUNIL MANDAL SON OF LATE BHOPALI MANDAL @ BHOPAL MANDAL R/O VILLAGE- DEODAR, P.S.- DHORAIYA, DISTRICTBANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner had established physical relationship on the pretext of marriage with widow daughter of the informant as a result of which she became pregnant and petitioner took her to hospital for abortion, where she died.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. There is delay in

Patna High Court CR. MISC. No.45328 of 2022(3) dt.16-01-2023 2/2 lodging the FIR. Petitioner denies whole allegations levelled against him. Deceased was admitted in hospital for abortion but after her death, her dead body was taken by unknown person in absence of doctor. There is no consistent evidence against the petitioner. He is languishing in judicial custody since 20.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka in connection with S Tr. No. 202 of 2022, arising out of Dhoraiya P.S. Case No. 01 of 2012. (Sunil Kumar Panwar, J) sushma/- U