Bechan Mandal @ Ranjeet Kr. Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72094 of 2021 Arising Out of PS. Case No.-175 Year-2018 Thana- SUPAUL District- Supaul ====================================================== Bechan Mandal @ Ranjeet Kr. Mandal Son of Late Subhash Mandal Resident of Village- Bina (Veena), Ward No. 10, P.S. and District- Supaul. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhim Kumar Yadav For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
According to prosecution case, the informant namely Sitaram Mandas has been given fardbeyan before the police station on 27.03.2018 stating therein that the informant married (deceased) daughter Priyanka Kumari with accused Hakim Singh on 23.08.2018 at Bhagwati Temple according to Hindu
2/4 Rites and customs and Rani Devi, sister of Bechan Mandal was married with neighbour of informant and Priyanka Devi younger sister of Rani Devi was married in District- Etawah (U.P.) and informant married his daughter Priyanka Kumari (deceased) with accused with the consent of Priyanka KDevi, Rani Devi, Bechan Mandal and Shiv Kumar husband of accused Priyanka Devi and after the marriage, daughter of the informant Priyanka Kumar (deceased) was living in the house of Benchan Mandal at Village Veena and informant was also residing at the same house on the day of occurrence and daughter of informant and accused alongiwth sister of Bencha Mandal, Priyanka Devi and her husband were about to go Etawah on 28.03.
2019 by train and last night all family members of Bechan Mandal slept having taken meals and informant also slept on plank at the door of Bechan Mandal and room of house of Benchan Mandal was closed from inside. On 27.03.2018 mother of Bechan Mandal opened the door, she was found daughter of informant lying dead below bed and back portion of Tatti of house was broken through which accused persons fled away having murdered of daughter of the informant and informant.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
3/4 implicated in the present case only on the basis of suspicion. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons including the petitioner and there is no specific allegation of assault against the petitioner and there is no eye witness of the alleged occurrence. He further submits that the allegation against the co-accused namely, Hakim @ Hakim Singh who is the husband of the deceased and Priyanka Devi have been acquitted by the learned District and Sessions Judge in Sessions Trial NO. 180 of 2018 on 08.08.2019. He further submits that the petitioner's case is better footing than the Hakim Singh and police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 24.02.2021.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Supaul P.S. Case No.
1. Petitioner shall co-operate in the trial and
4/4 shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) mdrashid/- U T