Dilip Mandal @ Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59635 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- BASANHI District- Saharsa ====================================================== DILIP MANDAL @ DILIP MAHTO, aged about 30 years (Male), Son of Mohan Mahto @ Mohan Mandal, Resident of Village - Sonighat, P.S.- Basnahi, District - Saharsa.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pramod Mishra, Advocate.

For the Opposite Party :

Mr.Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 365/34 of the IPC. Later on, Sections 302 and 201 of the IPC were also added.

The prosecution story, in brief, is that the dead body was recovered from bank of river which is far at a distance from the house of Dilip Mandal (petitioner). It has come during investigation that deceased has love affairs with the daughter of Dilip Mandal (petitioner) on account of which, the informant has raised suspicion against the petitioner and others that they along with Dilip Mandal (petitioner) has committed the murder of son of the informant.

Patna High Court CR. MISC. No.59635 of 2019(2) dt.23-10-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 25.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. It is a case of last seen. In the re-statement, the informant alleges that the petitioner was also seen alongwith the deceased prior to the alleged occurrence. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M.- IIIrd at Saharsa, in connection with Basnahi P.S. Case No. 11 of 2019.

(Sudhir Singh, J) U.K./- U T