Shankar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78606 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- BARDAHA District- Araria ====================================================== Shankar Mandal S/o Late sahdeo mandal R/o vill - Satber, ward n. 7, P.S. - Bardaha, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha For the Opposite Party/s :
Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bardaha P.S. Case No. 36/2024 dated 13.05.2024 registered for the offence punishable u/s 302, 201 read with 34 of the Indian Penal Code.
3. As per the prosecution case, on 13.05.2024 at 10 am, the informant came to know that his sister-in-law Ms. Fekni Devi had been killed and thrown at a distance of 100 meters north of the primary school Satveer. On reaching there, he saw that the entire stomach of her body was burnt and a layer of skin was removed from the stomach and there were burnt marks on the face, legs, hands and neck. Thereafter, the deceased was
Patna High Court CR. MISC. No.78606 of 2024(3) dt.29-11-2024 2/3 brought to her house and both her sons who live in Punjab were informed and the eldest son Shankar Mandal (petitioner) was informed but he did not appear and fled from the house. Prior to the incident, Shankar Mandal had beaten his mother Ms. Fekni Devi and broke her head due to a land dispute, in relation to which an FIR was lodged in Bardaha police station in which Shankar Mandal also went to jail. Shankar Mandal used to constantly threaten his mother that he would kill her and throw her away. Shankar Mandal and the petitioner along with some unknown people together killed the deceased Ms. Fakeni Devi.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The deceased is the mother of the petitioner and there is only suspicion against the petitioner. There is no eyewitness to the alleged occurrence. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.08.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner. It is further submitted that earlier the petitioner has also assaulted the deceased due to land dispute. The allegation against the
Patna High Court CR. MISC. No.78606 of 2024(3) dt.29-11-2024 3/3 petitioner is of matricide.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.
7. The application stands rejected.
(Chandra Prakash Singh, J) guddukr/- U T