Patna High CourtCR. MISC./50333/2024bail granted

Maheshwer Mandal v. The State Of Bihar

2025-02-05Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50333 of 2024 Arising Out of PS. Case No.-66 Year-2002 Thana- KISHANPUR District- Supaul ====================================================== Maheshwer Mandal Son of Radhe Shyam Mandal R/o Village- Chauhatta, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun .

For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 76/2019, arising out of Kishanpur P.S. Case No. 66 of 2002 dated 13.06.2002 registered for the offence punishable u/ss 302 and 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's daughter marriage was solemnized with the elder son of the coaccused, Radhe Shyam Mandal. Further, it is alleged that the coaccused, Radhe Shyam Mandal physically assaulted the informant's daughter and threatened to kill her. Further, the informant has also alleged that the co-accused persons have

Patna High Court CR. MISC. No.50333 of 2024(5) dt.05-02-2025 2/3 killed their daughter and burnt her dead body.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is younger brother of the husband of the deceased and there is no allegation against the petitioner rather the whole allegation is against the co-accused, Radhe Shyam Mandal. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per the FSL Report, considering the sharp cut injury on the portion of sacrum, the person might have died due to haemorrhage and shock.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with S.T. No. 76/2019, arising out of Kishanpur P.S. Case No. 66 of 2002, with the condition ;- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.50333 of 2024(5) dt.05-02-2025 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T