Gore Mandal @ Gorelal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8076 of 2021 Arising Out of PS. Case No.-308 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== GORE MANDAL @ GORELAL MANDAL Son of Chamak Lal Mandal @ Panchlal Mandal Resident of Village- Bhadaiya Tola, P.S.- Kursail, DistrictKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Chausa P.S. Case No. 308 of 2018, registered for the offence punishable under Section 365/34 of the Indian Penal Code.

As per the prosecution case, this petitioner and coaccused Kailash Mandal took the son of informant and three others for providing them work as labourer. It is further alleged that all other three persons who had gone with petitioner had returned, but informant's son did not return. Informant suspected that some untoward might have happened to him. It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.8076 of 2021(3) dt.23-06-2021 2/3 petitioner has falsely been implicated in this case. Entire allegation is false and concocted. The son of informant went on his own for earning livelihood and is 21 years old. The victim boy in his statement under Section 164 Cr.P.C has stated that he was confined in a room by this petitioner and assaulted by him. There is no witness to support the prosecution case. Petitioner is Contractor of labour. Petitioner is in custody since 17.06.2020 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj at Madhepura in connection with Chausa P.S. Case No. 308 of 2018, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.8076 of 2021(3) dt.23-06-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T