Naresh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60855 of 2021 Arising Out of PS. Case No.-197 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

NARESH MANDAL S/o- BALDEO MANDAL Resident of VillageTintanga Gyani Das Tola, P.S.- Rangra, District- Bhagalpur. 2.

DUKHNI DEVI W/o- NARESH MANDAL Resident of Village- Tintanga Gyani Das Tola, P.S.- Rangra, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Session Trial No. 430 of 2021 arising out of Gopalpur Rangra P.S. Case No. 197 of 2021 for the offence registered under Section 304(B)of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein who are the father-in-law and mother-in-law of the deceased victim lady having administered poison to the deceased victim lady and killed her. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in

Patna High Court CR. MISC. No.60855 of 2021(2) dt.30-03-2022 2/3 the present case, are having a clean antecedent and they are languishing in custody since 22.06.2021. The learned counsel for the petitioners has further submitted that he has instruction to submit that the husband of the deceased victim lady is already in custody, hence it is submitted that no prejudice would be caused to the prosecution in case the petitioners are granted bail. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that the main accused i.e. the husband of the deceased victim lady is behind bar and moreover the petitioners are having clean antecedent as are also languishing in custody since about nine months, though I deem it fit and proper to admit the petitioners herein to the privilege of regular bail but subject to verification of the fact as to whether the husband of the deceased victim lady is in custody or not.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.60855 of 2021(2) dt.30-03-2022 3/3 amount each to the satisfaction of learned Additional Sessions Judge-1st, Naugachhia, Bhagalpur in connection with Sessions Trial No. 430 of 2021 arising out of Gopalpur Rangra P.S. Case No. 197 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T