Anant Lal Mandal @ Anat Lal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81109 of 2019 Arising Out of PS. Case No.-227 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== ANANT LAL MANDAL @ ANAT LAL MANDAL, Son of Saryugwa Mandal, Resident of Village - Aliharpur, P.S. - Azamnagar, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abdul Wadood, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

According to FIR, the petitioner assaulted to the mother-in-law of the informant as a result whereof she became unconscious and, later on, died.

Learned counsel for the petitioner submits that, in fact, the informant is not an eyewitness of the occurrence because the Doctor has found a case of death by asphyxia caused due to strangulation. Whereas there is no allegation of strangulation of the deceased by any one. Petitioner is in custody since 04.11.2019. Investigation of the case is already complete against the petitioner. There is no material to

Patna High Court CR. MISC. No.81109 of 2019(3) dt.18-03-2020 2/2 substantiate that the petitioner is going to tamper with the evidence or abscond the process of law.

Considering the aforesaid contradiction between oral and medical evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Azamnagar Police Station Case No. 227 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T