Bechan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56247 of 2022 Arising Out of PS. Case No.-464 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Bechan Mandal S/o Late Kusumlal Mandal Resident of Village- Aaurahi ward no. 09, Police Station- Simraha (Forbesganj), District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Forbesganj P.S. Case No. 464 of 2021, lodged under Sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, the F.I.R. has been lodged against 6 named accused persons including the petitioner with allegation of killing the daughter of the informant by his son-inlaw and his family members. Learned counsel for the petitioner submits that antecedent of petitioner is clean, he is aged about 75 years and he is in custody since 21.07.2022. Learned counsel for the

Patna High Court CR. MISC. No.56247 of 2022(3) dt.15-02-2023 2/3 petitioner further submits that a co-accused i.e. mother-in-law of deceased has been granted bail by the Co-ordinate Bench of this Court in Criminal Misc. No.58782 of 2021 vide order dated 20.05.2022. He also submits that charge sheet has already been filed and husband of victim is in custody, it is a family matter and the petitioner is old aged father-in-law who was residing separately from his son.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 464 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.56247 of 2022(3) dt.15-02-2023 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T