Subodh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.385 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== SUBODH MANDAL S/o Bijuli Mandal R/o Village- Barikhal Fulaut, P.S.- Chousa (Fulaut-O.P.), Distt Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in case registered for the offences punishable under Sections 364/34 of the Indian Penal Code. Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act were added later on. It is alleged that all the F.I.R. named accused persons including this petitioner killed the son of the informant and concealed his dead body.

Learned counsel for the petitioner submits that petitioner is innocent and he has been made accused only on suspicion. The only material that has come during course of investigation is the confessional statement of co-accused which has got no evidentiary value.

Patna High Court CR. MISC. No.385 of 2023(4) dt.06-07-2023 2/2 However, learned counsel for the State opposes the bail application and submits that petitioner is none else than the father of co-accused Lusi Kumari with whom the deceased had love affair. During investigation, Lusi Kumari confessed that she used to talk to the deceased on mobile phone and used to meet him occasionally. The deceased took objectionable photographs of Lusi Kumar and started blackmailing her as a result, she narrated the entire occurrence to her family members and as a result of which, they conspired to kill the deceased. Thereafter, co-accused Lusi Kumar called the deceased to meet her and then all the accused persons committed his murder by firing bullet into his head.

Considering the aforesaid facts, prayer for anticipatory bail of the petitioner is refused. (Prabhat Kumar Singh, J) Navya/- U T