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Patna High CourtCR. MISC./48659/2022bail granted

Dipan Mandal @ Dipan v. The State Of Bihar

2023-04-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48659 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- BHARGAMA District- Araria ====================================================== 1.

DIPAN MANDAL @ DIPAN S/O LATE DUKHA MANDAL @ BODAN MANDAL Resident of village- Naya Bhargama, P.S.- Bhargama, DistrictAraria. 2.

NUNO MANDAL S/O DIPAN MANDAL @ DIPAN Resident of villageNaya Bhargama, P.S.- Bhargama, District- Araria. 3.

ANTIMA MANDAL D/O UPENDRA MANDAL Resident of village- Naya Bhargama, P.S.- Bhargama, District- Araria.

4.

MOTU MANDAL @ BIPIN MANDAL S/O LATE DUKHA MANDAL @ BODAN MANDAL Resident of village- Naya Bhargama, P.S.- Bhargama, District- Araria.

5.

KALIYA DEVI @ MALIYA DEVI W/O DAYANAND MANDAL Resident of village- Naya Bhargama, P.S.- Bhargama, District- Araria. 6.

DAYANAND MANDAL S/O JAMUN MANDAL Resident of village- Naya Bhargama, P.S.- Bhargama, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-04-2023 The application with regard to petitioner nos.1 and 4 has already been dismissed as withdrawn vide orders dated 08.12.2022 and 21.03.2023 respectively.

Heard learned counsel for petitioner nos.2, 3, 5 and 6 and learned A.P.P. for the State.

Petitioner nos.2, 3, 5 and 6 apprehend their arrest in connection with Bhargama P.S. Case No.129 of 2021 registered

Patna High Court CR. MISC. No.48659 of 2022(5) dt.03-04-2023 2/2 under Section 302 of the Indian Penal Code and other allied sections of the I.P.C.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case on mere suspicion. No specific allegation is made against the petitioners. Petitioners are relatives of the husband of the deceased. The husband of the deceased is in custody. The petitioners have got no criminal antecedent.

Having considered the above facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above named petitioner nos.2, 3, 5 and 6 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bonds to the satisfaction of J.M. 1st Class, Araria in connection with Bhargama P.S. Case No.129 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Harish/- (Arvind Srivastava, J) U T