Hon'ble Mr. Justice Ashwani Kumar Singh granted pre-arrest bail to the petitioner, who was impugned only due to being the father of a co-accused, subject to furnishing a bond with sureties.
Directs release on bail by C.J.M. Munger upon furnishing bond of Rs. 10,000/- with two sureties of like amount subject to Section 438(2) Cr.P.C. conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2349 of 2016
Arising Out of PS.Case No. -144 Year- 2015 Thana -KASIMBAZAR District- MUNGER
====================================================== Raj Kumar Mandal, son of Late Chandeshwar Mandal, resident of Lal Darbaza, Quarter No. 2 Gali No. 2, P.S.- Kotwali, District -Munger. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s : Mr. R.S. Chaudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 19-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Kasim Bazar P.S. Case No. 144 of 2015 registered under Sections 365 and 366-A read with 34 of the Indian Penal Code.
It has been contended that the petitioner has been implicated in the present case simply because he happens to be the father of co-accused Mukesh Mandal. On recovery, the victim has made certain allegations against Mukesh Mandal, but she has not uttered a word against the petitioner.
Regard being had to the statement of the victim
Patna High Court Cr.Misc. No.2349 of 2016 (2) dt.19-01-2016
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recorded under Section 164 of the Code of Criminal Procedure as contained in Annexure-2 to the present application, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 144 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether the petitioner should be granted pre-arrest bail given the lack of victim allegations against him despite his relationship to a co-accused.
Raj Kumar Mandal
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
