Niranjan Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35484 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -ALAMNAGAR District- MADHEPURA ======================================================
1. Niranjan Mandal s/o Suresh Mandal
2. Mithilesh Mandal S/o Sri. RAjkishore Mandal
3. Dinesh Mandal S/o Sri. Kapildeo Mandal all are r/v Assi Bigha, P.S. Alam Nagar, (Ratwara), Distt. Madhepura) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-08-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in judicial custody since 27.04.2017 in connection with Alam Nagar P.S. Case No. 125 of 2016 for offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her mother went out of the house to withdraw money from the Bank but she did not return. It is alleged that her elder aunt Budhani Devi along with her husband Shambhu and other persons have killed her mother as her dead body was found lying on the road.
It has been submitted by the learned counsel for the
petitioners that they are innocent, not named in the First Information Report and have been falsely implicated in this case only on the basis of suspicion. It is submitted that co-accused Budhani Devi has been granted the privilege of bail by this Court in Cri. Misc. No. 15624 of 2017 on 12.04.2017. Charge-sheet has already been submitted hence, there is no chance of tampering with the prosecution witnesses.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura, in connection with Alam Nagar P.S. Case No. 125 of 2016 subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioners and that petitioners will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail
cancellation of their bail bonds.
(Nilu Agrawal, J) sushma/- U T