Mithun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70411 of 2019 Arising Out of PS. Case No.-230 Year-2016 Thana- NATHNAGAR District- Bhagalpur 1.
Mithun Kumar, Son of Sri Kishuni Mandal @ Kisho Mandal Resident of Village - Raghopur, P.S.- Nathnagar, District- Bhagalpur 2.
Dayanand Mandal, Son of Sri Lale Mandal Resident of Village - Raghopur, P.S.- Nathnagar, District- Bhagalpur 3.
Dayanand Mandal, Son of Sri Jagrup Mandal Resident of Village - Raghopur, P.S.- Nathnagar, District- Bhagalpur 4.
Rinki Kumari Wife of Mithun Kumar Resident of Village - Raghopur, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Adv.
For the State :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-07-2020 Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioners apprehend their arrest in connection with Nathnagar P.S. Case No. 230 of 2016 registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.
The present case was registered against unknown but, in course of investigation it came to light that petitioner No. 2, namely, Dayanand Mandal, son of Sri. Lale Mandal and petitioner No. 3, namely, Dayanand Mandal, son of Sri.
Patna High Court CR. MISC. No.70411 of 2019(5) dt.03-07-2020 2/3 Jagrup Mandal were in constant touch on telephone with deceased prior to his death.
So far as petitioner No. 1, namely, Mithun Kumar and petitioner No. 4, namely, Rinki Kumari are concerned, only suspicion has been raised by father of the deceased on the ground that prior to marriage of petitioner No. 4 she used to talk with deceased.
Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioner No.1 namely, Mithun Kumar and petitioner No. 4 namely, Rinki Kumari, in the event of their arrest/surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Nathnagar P.S. Case No. 230 of 2016 subject to conditions as laid down under Section 438 (2) of the Cr.P.C.
So far as prayer for anticipatory bail of petitioner No. 2, namely, Dayanand Mandal, son of Sri. Lale Mandal and petitioner No. 3, namely, Dayanand Mandal, son of Sri. Jagrup Mandal stands rejected.
However, it is made clear that this order shall not cause any prejudice to Competent Court at the time of consideration of regular bail application of petitioner No. 2
Patna High Court CR. MISC. No.70411 of 2019(5) dt.03-07-2020 3/3 and petitioner No. 3.
(Hemant Kumar Srivastava, J) GAURAV S./- U T