Parmeshwar Mandal vs The State Of Bihar on 12 April, 2012

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Patna High Court - Orders

Parmeshwar Mandal vs The State Of Bihar on 12 April, 2012

Bench: Ashwani Kumar Singh

      Patna High Court Cr.Misc. No.15439 of 2012 (2) dt.12-04-2012




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.15439 of 2012
                   ======================================================
                   Parmeshwar Mandal son of late Kati Mandal, resident of village- Chandi-
                   Par, P.S.-Kishanpur, District- Supaul
                                                                         .... .... Petitioner/s
                                                      Versus
                   The State Of Bihar
                                                                    .... .... Opposite Party/s
                   ======================================================

                   CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
                   SINGH
                   ORAL ORDER

2   12-04-2012

Heard learned counsels for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence punishable under sections 328/34, 302 and 120B of the Indian Penal Code.

It is contended that it would be apparent from the first information report itself that no one had seen the accused persons poisoning the deceased to death. A co-accused Raja Ram Mandal, who is brother of the deceased having almost identical allegation has been granted bail by order dated 9.8.2011 passed in Cr. Misc. No.26165 of 2011 by another Bench of this court. The petitioner happens to be father-in-law of co-accused Raja Ram Mandal brother of the deceased, who has already been granted bail.

Be that as it may, considering the nature of allegation, facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Patna High Court Cr.Misc. No.15439 of 2012 (2) dt.12-04-2012 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No.151 of 2010 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court.

(Ashwani Kumar Singh, J) Md.S./-

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Patna High Court - Orders