Yogendra Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36200 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -RUPAULI District- - ======================================================
1. Yogendra Mandal, son of Late Deep Narayan Mandal,
2. Sugya Devi, Wife of Yogendra Mandal,
3. Santosh Mandal, Son of Yogendra Mandal,
4. Chandan Kumar, Son of Yogendra Mandal, All R/o Village- Arajpur Kathchiva Tola, P.S.- Chousa, District- Madhepura. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Dr. Bidhu Ranjan, Advocate For the State : Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody since 30.05.2017 in connection with Rupauli (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 petitioners, being the cousin uncle and aunt of the husband of the deceased and their two children, have been falsely implicated on mere suspicion. The accusations against the petitioners are general and omnibus in nature. Admittedly the deceased and Pankaj Mandal had been married four years ago and a son had been born from the wedlock. It is submitted that the petitioners were separate in mess and as such, they have no concern with the day-to-day affairs of the deceased or Pankaj Mandal, the latter being taken into custody. The petitioners claim clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named
Patna High Court Cr.Misc. No.36200 of 2017 (3) dt.21-09-2017 2/2 be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Purnea in connection with Rupauli (Mohanpur) P.S. Case No. 251 of 2016 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That petitioner nos. 1, 3 and 4 will be physically present on each and every date and petitioner no. 2 will be well represented on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves 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) B.T/- U T