Pinku Mandal @ Pinku Kumar vs The State Of Bihar
2021 Latest Caselaw 149 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 25426 of 2020
   Arising Out of PS Case No.-22 Year-2020 Thana- ALAMNAGAR District- Madhepura
======================================================

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

ORAL JUDGMENT Date : 15-01-2021

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.

2. 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.

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

3. 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.

4. 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 co-

accused Bambam Mandal @ Bambam Kumar, Amar Mandal,

Sunil Mandal and Pawan Mandal have also been granted Patna High Court CR. MISC. No.25426 of 2020 dt.15-01-2021

anticipatory bail by a co-ordinate Bench on 06.01.2021in Cr. Misc.

No. 22274 of 2020.

5. 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.

6. 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.

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

7. Learned APP shall return the copy of the case diary to

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

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T