Mukesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51433 of 2017 Arising Out of PS.Case No. -24 Year- 2013 Thana -EAST COLONY District- MUNGER ====================================================== MUKESH MANDAL S/o Late Tufani Mandal, R/o Village- Kare Mandal, Tola Harinmar, P.S.- Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prem Chand Yadav For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with East Colony P.S. Case No. 24 of 2013 for the offences punishable under sections 302 and 201/34 of the I.P.C.

The First Information Report is against unknown with the allegation that the husband of the informant used to take drink and in drunken condition he came on 24.07.2013 at 9 P.M. and after quarreling he went away from the house and did not return and thereafter his dead body was recovered.

Submission is of false implication and that during investigation only on suspicion the petitioner has been made

Patna High Court Cr.Misc. No.51433 of 2017 (4) dt.11-01-2018 2/2 accused, after completing investigation final form was submitted showing the petitioner as suspects and thereafter cognizance has been taken against the petitioner and other two co-accused, namely, Pramila Devi and Mahesh Prasad Bihari and that other two similarly situated co-accused Pramila Devi and Mahesh Prasad Bihari have been granted bail vide Cr. Misc. No. 47818 of and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that other two coaccused have been allowed pre-arrest bail. In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Sonelal Rajak, J.M 1st Class, Munger in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T