Jitender Mandal @ Bito Mandal @ Jitendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.32835 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32835 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -RUPAULI District- PURNIA ====================================================== Jitender Mandal @ Bito Mandal @ Jitendra Kumar Son of Sri Shankar Mandal, Resident of Village - Arajpur, P.S. Chousa, District - Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bijendra Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.04.2017 in connection with Rupouli (Mohanpur) P.S. Case No. 251 of 2016 for the offences alleged under Sections 302, 201, 494/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. has been instituted against as many as 11 persons named therein. The thrust of accusation in connection with the death of the informant's daughter Kunti Devi and her son is upon Pankaj Mandal and his family members. The petitioner merely happens to be a co-villager and has been implicated without a single allegation having been made against him in the F.I.R. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Purnea, in connection with Rupouli (Mohanpur) P.S. Case No. 251

Patna High Court Cr.Misc. No.32835 of 2017 (2) dt.20-07-2017 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T