Ranjit Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31875 of 2016 Arising Out of PS.Case No. -132 Year- 2015 Thana -TIKAPATTI District- PURNIA ====================================================== Ranjit Mandal, Son of Shankar Mandal, Resident of Village- Simra, P.S.- Tikapatti, District- Purnea.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party : Mr. Gajendra Prasad Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.
The petitioner seeks bail in connection with Tikapatti P.S. Case No. 132 of 2015 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. Allegedly, Chandan Kumar Mandal went with coaccused Kundan Mandal on motorcycle to watch Drama and thereafter his dead body was found hidden in bamboo clamp. Submission is of false implication and that during investigation it has come that the deceased pulled Dupatta of Mamta Kumari which was opposed and then her family members including the petitioner assaulted him and thereafter he was killed and his dead body was thrown in the bamboo clamp. The
Patna High Court Cr.Misc. No.31875 of 2016 (3) dt.19-09-2016 2/3 Investigating Officer in para-65 of the case diary has also opined that the deceased was in drunken condition, teased the sister of the petitioner and then he was assaulted by them and due to bleeding and treatment not provided, he died. Pinku Mandal has confessed his guilt also. The petitioner is suffering in custody since 22.04.2016 and, as such, he deserves sympathetic consideration. Other co-accused, namely, Kundan Mandal, Karan Mandal, Pinku Mandal and Shankar Mandal have already been allowed bail vide Cr. Misc. No. 23082 of 2016, Cr. Misc. No. 23458 of 2016 and Cr. Misc. No. 28122 of 2016 respectively and, as such, the petitioner also deserves sympathetic consideration.
The learned APP opposes the prayer of bail by submitting that the petitioner and his family members assaulted the deceased and caused his death.
In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Purnea, in connection with Tikapatti P.S. Case No.132 of 2015, subject to the conditions that one of the bailors
Patna High Court Cr.Misc. No.31875 of 2016 (3) dt.19-09-2016 3/3 must be near relative of the petitioner and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J.) ravi/- U T