Jhapat Lal Mandal And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.54025 of 2015 (3) dt.19-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54025 of 2015 Arising Out of PS.Case No. -184 Year- 2015 Thana -BARHARA District- PURNIA ======================================================

1. Jhapat Lal Mandal Son of Late Kullar Mandal

2. Muneshwar Mandal Son of Kailash Mandal Both residents of Village Laxmipur Bhitta West Tola, P.S. Barhara (Raghubansh Nagar) District Purnea..... .... Petitioners

Versus

1. The State of Bihar. ... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Barhara (Raghubansh Nagar) P.S. Case No. 184 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused killed Usha Devi the daughter of the informant who was married with Bauku Mandal a man of weak mind as Usha Devi was demanding 10 Katha more land from her father-in-law and for that dispute was going on between the deceased and her father-in-law and Bhaisur petitioner no. 2.

Submission is of false implication and that besides suspicion there is nothing against the petitioners, on the basis of

Patna High Court Cr.Misc. No.54025 of 2015 (3) dt.19-01-2016 mobile location co-accused Mukesh Kumar was apprehended and he confessed his guilt stating the name of one Amar Mandal and in that confessional statement the petitioners are not named. Learned APP after going through the case diary fairly submits that due to earlier family dispute the petitioners and other co-accused have been named.

In the facts and circumstances stated above, considering that the petitioners are cousin father-in-law and Bhaisur, they are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Nitesh Kumar, J. M. Ist Class, Purnea in connection with Barhara (Raghubansh Nagar) P.S. Case No. 184 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T