IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.24140 of 2010
NITYA NAND MANDAL, S/o Yoga Nand Mandal.
Versus
THE STATE OF BIHAR
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03. 06.10.2010 Heard learned counsel for the petitioner,
informant and the State.
The petitioner seeks bail in a case instituted for
the offences under Sections 376 and 302 of the Indian
Penal Code.
The prosecution case is that when the deceased
was discovered in an injured condition by the informant
the petitioner was found standing there and gave extra-
judicial confession suggesting that he had committed the
occurrence. During trial when the informant was
examined she did not state anything about extra-judicial
confession and she gave a confusing statement about the
presence of the petitioner in the room where the deceased
was lying.
In view of such, let the petitioner, above named
be released on bail on furnishing bail bond of Rs. 5,000/-
(Five Thousand) with two sureties of the like amount each
or any other surety as fixed by the Court to the
satisfaction of 3rd Additional Sessions Judge, Purnea in
connection with S.Tr. No. 698 of 2010 arising out of
Tikapatti P.S. Case No. 17 of 2009 subject to the following
conditions:- (i) That one of the bailors will be a close
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relative of the petitioner who will give an affidavit giving
genealogy as to how he is related with the petitioner. The
bailor will also undertake to inform the Court if there is
any change in the address of the petitioner. (ii) That the
petitioner will be well represented on each date and if he
fails to do so on two consecutive dates, his bail will be
liable to be cancelled.
In case the petitioner is found tampering with
the evidence immediate steps shall be taken for
cancellation of bail.
(Anjana Prakash, J.)
Vikash/-