Jay Shanker Mandal @ Mantu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26143 of 2018 Arising Out of PS. Case No.-287 Year-2017 Thana- FALKAHA District- Katihar ====================================================== Jay Shanker Mandal @ Mantu Mandal, S/o Shiv Narayan Mandal, Resident of Village- Vagari Bhitta, Tikapatti, P.S.- Falka (Pothia), District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Harish Chandra Patel For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Falka P.S. Case No. 287 of 2017 instituted for the offence under Sections 302, 201, 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a cousin brother of the husband of the deceased. There is no allegation of specific over act against the petitioner. In the written report it is alleged that one dead body of the lady was found in the river which was identified as dead body of the wife of Bhola Mandal. It is alleged that Sarita Devi fourth wife of Bhola Mandal had some disputes with her husband on account of which family members of Bhola Mandal administered poison to his wife. There is no allegation of specific overt act against

Patna High Court Cr.Misc. No.26143 of 2018(3) dt.19-06-2018 2/2 the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Falka P.S. Case No. 287 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-V, Katihar subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and

(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T