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Patna High CourtCR. MISC./47051/2017bail granted

Bambam Mandal v. The State Of Bihar

2017-11-09Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.47051 of 2017 (3) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47051 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -HARPUR District- MUNGER ======================================================

1. Bambam Mandal, Son of Sri Brahmdeo Mandal, resident of VillageDurmatha, P.S. - Harpur, Dist.- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2017 Heard both sides.

The petitioner apprehends his arrest in Harpur P.S. Case No.31 of 2017 registered under Sections 302, 201 and 34 of the Indian Penal Code.

The informant alleged that he got information that dead body of his brother was kept near the temple in the village. The informant suspected that since love affairs of his brother was going on with Muskan Kumari, the petitioner, Bambam Mandal, father of Muskan Kumari and other family members of the victim, Muskan Kumari might have killed the brother of the informant. The learned counsel for the petitioner submits that there is absolutely no evidence in the entire case diary. Nobody has seen the occurrence. Brahmdeo Mandal and Raju Mandal, the

Patna High Court Cr.Misc. No.47051 of 2017 (3) dt.09-11-2017 father and the brother of the petitioner have already been granted anticipatory bail vide order passed in Cr. Misc. No.45695 of 2017. Soni Devi has also been granted regular bail vide order passed in Cr. Misc. No.38501 of 2017. The case of the petitioner stands exactly on the same footing. It appears that save and except suspicion there appears no tangible material to show the involvement of the petitioner in the murder of the brother of the informant.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Harpur P.S. Case No.31 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T