Allowed

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

Patna HC11 Jul 2014CR. MISC./4953/2014

Case brief

AI extract

What is this about?

The Patna High Court allowed bail to the petitioner in a murder and abetment case under various sections of the IPC. The court noted the absence of the petitioner's name in the confessional statement leading to body recovery and lack of prosecution evidence against him.

What did the court decide?

Release of the petitioner on bail upon furnishing Rs. 10,000 bond with two sureties to the satisfaction of the Chief Judicial Magistrate, Katihar, Katihar.

Ratan Kumar Mandal @ Ratan Mandal Vs The State Of… — 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.4953 of 2014

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Arising Out of PS.Case No. -40 Year- 2012 Thana -DANDKHORA District- KATIHAR ====================================================== Ratan Kumar Mandal @ Ratan Mandal Son Of Bidya Nand Mandal Resident Of Village - Tilash, P.S.- Dandkhora, District- Katihar. .... .... Petitioner/s Versus The State Of Bihar

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.... .... 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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====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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5 11-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in Dandkhora P.S. Case No. 40 of 2012 dated 04.04.2012 instituted under Sections 366A/302/201/346/365/368/341/504/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that he is the brother of the husband of the deceased and that he had no role being student at the relevant time. It is submitted that even in the complaint/F.I.R. he has not been named and no role has been

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Patna High Court Cr.Misc. No.4953 of 2014 (5) dt.11-07-2014

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assigned to him. Learned counsel submits that after three months of the lodging of the F.I.R. the body of the deceased was recovered in a sack on the confessional statement of co-accused Amarnath Mandal. It is submitted that even in the said confessional statement the petitioner has not been named nor was he present at the time when his mother and cousin sister had requested the said person to dispose off the body of the deceased which was in a sack. Learned counsel draws the attention of this Court to Annexure 5 series, which are copies of 12 prosecution witnesses in the trial of his brother and mother which is going on in which nobody has taken the name of the petitioner in any capacity. It is submitted that the petitioner having no criminal antecedent is in custody since 04.12.2013.

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Learned A.P.P., upon going through the case diary, does not dispute that the confessional statement of Amarnath Mandal leading to the recovery of the dead body which does not mention the petitioner in any capacity.

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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 Chief Judicial Magistrate,

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Patna High Court Cr.Misc. No.4953 of 2014 (5) dt.11-07-2014

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Katihar in Dandkhora P.S. Case No. 40 of 2012. The petitioner shall cooperate in the trial and be present before the Court on each and every date fixed in the case. Failure to do so on two consecutive dates without sufficient cause shall lead to cancellation of his bail bonds.

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(Ahsanuddin Amanullah, J.)

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Anjani/-

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U T

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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