Allowed

Pinku Mandal @ Pinku Kumar v. The State of Bihar

Patna HC15 Jan 2021CR. MISC./25426/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner apprehending arrest in a murder case under IPC Sections 302, 201. The petitioner asked the deceased to take his sister-in-law home; the deceased was later found dead following an assault by others. Bail granted on conditions.

What did the court decide?

Petitioner released on bail upon furnishing bond of Rs. 25,000 with two sureties, subject to conditions under Section 438 CrPC 1973.

Pinku Mandal @ Pinku Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 25426 of 2020

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Arising Out of PS Case No.-22 Year-2020 Thana- ALAMNAGAR District- Madhepura

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

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Pinku Mandal @ Pinku Kumar, aged about 45 years, Gender-Male, Son of Late Naresh Mandal, Resident of Village- Shankarpur Madhauli Diyara, Ward No. 11, P.S.- Alamnagar, District- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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Date : 15-01-2021

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Heard Mr. Shailendra Kumar Singh, learned counsel for the petitioner and Mr. Bharat Bhushan, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

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The petitioner apprehends arrest in connection with Alamnagar PS Case No. 22 of 2020 dated 16.01.2020, instituted under Sections 302/201/120 (B) of the Indian Penal Code.

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Patna High Court CR. MISC. No.25426 of 2020 dt.15-01-2021 2/4

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The petitioner is alleged to have requested the deceased to take his sister-in-law (sister of the wife) to her matrimonial home from his village and the deceased did not return and upon search, his body was found.

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Learned counsel for the petitioner submitted that he has no role in the said incident as he had only asked the deceased, who had a motorcycle, to go and reach his sister-in-law to her matrimonial home. It was submitted that during investigation it has come that since the sister-in-law of the petitioner used to keep leaving the matrimonial home, her father-in-law and husband were looking for her and when on the way they found the deceased coming with her, they had assaulted him. It was submitted that the same makes it clear that the anger of the father-in-law and husband of the girl was taken out on the deceased and the petitioner has no role in the crime. Learned counsel submitted that the petitioner has no criminal antecedent. It was further submitted that father-in-law and husband of the girl, who are said to have assaulted the deceased, namely Madan Mandal and Amit Kumar @ Amit Mandal have been granted anticipatory bail by a co-ordinate Bench on 05.11.2020 in Cr. Misc. No. 26589 of 2020 and coaccused Bambam Mandal @ Bambam Kumar, Amar Mandal, Sunil Mandal and Pawan Mandal have also been granted

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Patna High Court CR. MISC. No.25426 of 2020 dt.15-01-2021 3/4

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anticipatory bail by a co-ordinate Bench on 06.01.2021in Cr. Misc. No. 22274 of 2020.

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Learned APP, from the case diary, submitted that the petitioner had asked the deceased to take the girl and, thus, he cannot be said to be innocent. However, he did not controver that during investigation it has come that the father-in-law and husband of the girl has assaulted the deceased.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Uda-Kishunganj, Madhepura in Alamnagar PS Case No.22 of 2020, subject of the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. Further, (i) that one of the bailors shall be a close relative of the petitioner, and (ii) that the petitioner shall cooperate in the case, both with the police/investigation and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

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Patna High Court CR. MISC. No.25426 of 2020 dt.15-01-2021 4/4

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Learned APP shall return the copy of the case diary to

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the Superintendent of Police, Madhepura, who had sent it to him.

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The application stands disposed off in the

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aforementioned terms.

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(Ahsanuddin Amanullah, J.)

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Anand Kr.

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AFR/NAFR U T

Pinku Mandal @ Pinku Kumar v. The State of Bihar

Case brief

What is this about?

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Pinku Mandal @ Pinku Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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