Anirudh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4961 of 2021 Arising Out of PS. Case No.-72 Year-2019 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.

Anirudh Mandal Son of Late Harihar Mandal Resident of Village- Dobhi, P.S.- Sanokhar (Amdanda), Distt.- Bhagalpur.

2.

Sourav Kumar Mandal @ Sourav Kumar Son of Anirudh Mandal Resident of Village- Dobhi, P.S.- Sanokhar (Amdanda), Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pravina Kumari For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-09-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Sanokhar (Amdanda) P.S. Case No. 72 of 2019 instituted for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.

The petitioner no. 1 is the father-in-law whereas the petitioner no. 2 is the younger brother-in-law of the deceased.

Learned counsel for the petitioners has submitted that the accusation in the First Information Report so far as

Patna High Court CR. MISC. No.4961 of 2021(3) dt.10-09-2021 2/3 the petitioners are concerned, is absolutely vague. It has further been submitted that the mother-in-law of the deceased has been granted bail by a Co-ordinate Bench of this Court vide order dated 29.06.2020 passed in Criminal Miscellaneous No. 82239 of 2019. The petitioners have not yet been declared absconder. There is no specific accusation against them. The petitioner no. 2 is the student of intermediate and has barely crossed his teens.

Considering the afore-noted facts and taking into account that the husband of the deceased is in custody for last two years, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sanokhar (Amdanda) P.S. Case No. 72 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.4961 of 2021(3) dt.10-09-2021 3/3 However, it is made clear that the petitioners ought to participate in the trial, if they are sent up for the same. Their not doing so would render their bail liable to be cancelled.

(Ashutosh Kumar, J) sunilkumar/- U T