Allowed

Akhilesh Mandal @ Akhilesh Kumar Mandal v. The State Of Bihar

Patna HC4 Jul 2014CR. MISC./11930/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner accused under Sections 302/201 IPC in a murder case, noting discrepancies in the postmortem report regarding external injuries and the dissipation of consent between the deceased and his brother, who had previously been granted bail.

What did the court decide?

The petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.

Akhilesh Mandal @ Akhilesh Kumar Mandal Vs The… — Murder and Culpable Homicide | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.11930 of 2014

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Arising Out of PS.Case No. -83 Year- 2012 Thana -PIPRA District- SUPAUL

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====================================================== Akhilesh Kumar Mandal @ Akhilesh Kumar son of Sitaram Mandal, resident of Vill. Kaushalipatti @ Koushalapatti, P.S. Pipra, Distt. Supaul .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.

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For the Opposite Party/s : Mr.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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3 04-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in S.Tr. No. 10 of 2014 arising out of Pipra P.S. Case No. 83 of 2012 dated 07.07.2012 instituted under Sections 302/201/120B/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that he has been made accused only on suspicion and that too since he is the brother of Chetanand Mandal who is alleged to have had illicit relation with the deceased. Learned counsel submits that though

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Patna High Court Cr.Misc. No.11930 of 2014 (3) dt.04-07-2014

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2/3

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persons have stated that the petitioner and his brother along with another person had brutally assaulted the deceased on the date of occurrence at his house but in the postmortem report there is no sign of any external injury on the body which clearly falsifies such allegation. Learned counsel submits that since the deceased was insisting that he would live in the house of Chetanand Mandal which was not being permitted, she consumed poison and the postmortem report also corroborates strong eldrine smell was found coming out from the mouth of the deceased. Learned counsel submits that Chetanand Mandal has been granted bail on 11.02.2014 by a co-ordinate Bench of this Court in Cr. Misc. No. 31825 of 2013. It is submitted that the petitioner has clean antecedent and is in custody since 09.12.2013.

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Learned A.P.P., upon going through the case diary, does not dispute the fact that the postmortem report does not disclose any external injury and strong eldrine smell was found coming out from the mouth of the deceased.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge

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Patna High Court Cr.Misc. No.11930 of 2014 (3) dt.04-07-2014

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3/3

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II, Supaul in S.Tr. No. 10 of 2014 arising out of Pipra P.S. Case

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No. 83 of 2012.

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(Ahsanuddin Amanullah, J.)

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Anjani/-
U

Akhilesh Mandal @ Akhilesh Kumar Mandal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Akhilesh Mandal @ Akhilesh Kumar Mandal v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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