← Library
Patna High CourtCR. MISC./50405/2024disposed

Rajesh Mandal @ Rajesh Kumar v. The State Of Bihar

2024-09-20Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50405 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Rajesh Mandal @ Rajesh Kumar Son of Anup Lal Mandal @ Anup Mandal R/o Village- Kaitha, P.S.- Shambhuganj, District- Banka 2.

Vijay Mandal @ Vijay Kumar Singh @ Vijay Prasad Singh Son of Navin Prasad Singh @ Navin Mandal R/o Village- Kaitha, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51287 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Manish Mandal @ Manish Kumar Son of Ram Khelawan Mandal R/o Village- Kaitha, P.S.- Shambhuganj, District- Banka 2.

Rajesh Mandal Son of Dhaneshwar Mandal @ Dhanu Mandal R/o VillageKaitha, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 50405 of 2024) For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal (In CRIMINAL MISCELLANEOUS No. 51287 of 2024) For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-09-2024 Heard the learned counsel for the petitioners as well as the learned APP for the State.

2. At the very outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner no. 1 Rajesh Mandal @ Rajesh Kumar (in Cr. Misc. No. 50405 of 2024) has been

Patna High Court CR. MISC. No.50405 of 2024(3) dt.20-09-2024 2/3 arrested and, as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this petition with respect to petitioner no. 1 Rajesh Mandal @ Rajesh Kumar (in Cr. Misc. No. 50405 of 2024) .

3. In view of the aforesaid submission, this petition is dismissed as withdrawn with respect to petitioner no. 1 Rajesh Mandal @ Rajesh Kumar (in Cr. Misc. No. 50405 of 2024).

4. The petitioners apprehend their arrest in connection with Shambhuganj P.S. Case No. 98 of 2024 registered for the offences punishable under Sections 306, 201 and 34 of the Indian Penal Code.

5. It is alleged that the informant, who is Chowkidar received information that Jyoti Kumari, daughter of Rajesh Mandal has committed suicide by hanging in village and her dead body has been disappeared by the villagers and relatives.

6. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. As a matter of fact, the deceased had love and affection with one Abhishek Kumar which was objected by the petitioners, due to which, she committed suicide. Her dead body was found hanging with ceiling of the room.

7. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.50405 of 2024(3) dt.20-09-2024 3/3 circumstances, let the petitioner namely Vijay Mandal @ Vijay Kumar Singh @ Vijay Singh (in Cr. Misc. No. 50405 of 2024), and both the petitioners (in Cr. Misc. No. 51287 of 2024) in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Shambhuganj P.S. Case No. 98 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T