Janardan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57523 of 2018 Arising Out of PS.Case No. -115 Year- 2011 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Janardan Mandal S/o Late Mahabir Mandal, R/o Vill.- Maheshakol , P.S. & District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2018 Heard the parties.
The petitioner seeks regular bail in connection with Forbesganj P.S.CAe no.115 of 2011, G.R. no.543 of 2011 registered for offences punishable under Sections 364/34 of the Indian Penal Code.
Allegation against the petitioner is of kidnapping of the son of the informant and committing his murder and thereafter concealing the dead body.
Submission of the learned counsel for the petitioner is that during the investigation it has come that the deceased used to take tuition in the house of Naresh Mandal and he has illicit relation with the wife of Naresh Mandal and that is why he has been kidnapped and killed. The petitioner happens to be father-in-law of Naresh Mandal. Further submission is that whatever suspicion is that; that is against Naresh Mandal and he has been falsely
Patna High Court Cr.Misc. No.57523 of 2018 (3) dt.12-10-2018 2/2 implicated in this case because he is father-in-law of the Naresh Mandal and Naresh Mandal has been granted bail by a Coordinate Bench of this Court, vide order dated 25.2.104 passed in Cr. Misc. No.32494 of 2018.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Aaria in connection with Forbesganj P.S.Case no.115 of 2011 G.R.No.543 of 2011.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U