Hare Ram Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.58469 of 2015 (3) dt.08-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58469 of 2015 Arising Out of Sono P.S.Case No. -75 Year- 2015 Thana -SONO District- JAMUI ====================================================== Hare Ram Mandal, S/O Sita Ram Mandal, resident of Village- Lokhan Kayri, Police Station- Sono, District- Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. A. Kumar, Advocate. For the Opposite Party : Mr. M. Rab (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sono P.S. Case No. 75 of 2015 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. Rani Devi, daughter of informant was married to the petitioner 20 years ago and out of the wedlock there are two daughters and allegedly due to non-fulfillment of demand the petitioner and other co-accused killed Rani Devi @ Rina Devi and burnt the dead body.

Submission is of false implication and that the petitioner was having cordial relation with his wife, no demand was ever made and in this regard no complaint was filed earlier, in presence of informant the dead body was cremated but only with oblique motive lodged this case, resulting which the petitioner is

Patna High Court Cr.Misc. No.58469 of 2015 (3) dt.08-03-2016 suffering in custody since 30.07.2015, other co-accused namely Ramashish Mandal, Archana Devi and Sita Ram Mandal have been allowed pre arrest bail by different coordinate Benches of this Court and as such the petitioner also deserves sympathetic consideration as charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. opposes the prayer of bail. In view of the facts and circumstances stated above, considering that the marriage has taken place 20 years ago and earlier no complaint was filed against the petitioner and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs.

10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jamui in connection with Sono P.S. Case No.75 of 2015, subject to conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Amit/- U T