Allowed

Dinesh Mandal and Ors. v. The State Of Bihar

Patna HC13 Nov 2017CR. MISC./46587/2017

Case brief

AI extract

What is this about?

In an anticipatory bail petition challenging arrest in a quashing-of-Chausa criminal case involving murder allegations, the Patna High Court enlarged the petitioners on bail with sureties and conditions. The court noted the lack of tangible material besides a third-party confession.

What did the court decide?

Direction to enlarge petitioners on bail on furnishing a bond of Rs. 10,000 with two sureties of similar amount within four weeks.

Dinesh Mandal and Ors. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46587 of 2017

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Arising Out of PS.Case No. -142 Year- 2017 Thana -CHAUSA District- MADHEPURA

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

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Dinesh Mandal, Son of Late Banarsi Mandal,

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Prakash Mandal, Son of Late Banarsi Mandal,

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Sarpanch Mandal, Son of Late Banarsi Mandal, All residents of VillageDhan Mane Deeh, P.S. Chausa, District- Madhepura. .... .... Petitioner/s Versus

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The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Sunil Kumar Thakur For the State : Mr. Sri Parmanand Kumar For the informant: M/s Anirudh Kr. Singh, Prabhat Kr. Singh & Ganesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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3 13-11-2017 Heard both sides.

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The petitioners apprehend their arrest in Chausa P.S. case No. 142 of 2017 under Section 302/34 of the Indian Penal Code.

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The informant alleged that his wife, as usual, slept at veramdah inside the house and when he woke up in the next morning the informant found his wife dead. The informant did not name any person.

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The learned counsel for the petitioners submits that the petitioners are not named in the FIR. There is no eye witness of the occurrence. One Siyaram Mandal confessed his guilt before the police and disclosed the name of the petitioners. Save and except confession the police did not collect any tangible material against the petitioners.

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Patna High Court Cr.Misc. No.46587 of 2017 (3) dt.13-11-2017

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2/2

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The learned A.P.P. as well as the learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that Siyaram Mandal confessed his guilt, after being arrested, and disclosed the name of petitioners.

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It appears that save and except confession of the Siyaram Mandal that he and others killed Karmi Devi, the deceased, on account of land dispute, by strangulating her, there is no other material to show the involvement of the petitioners in the murder of deceased.

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Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. case No.142 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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BKS/-

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U T

Dinesh Mandal and Ors. v. The State Of Bihar

Case brief

What is this about?

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Dinesh Mandal and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

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