High Court Patna High Court - Orders

Bilash Mandal &Amp; Anr vs State Of Bihar on 14 December, 2010

Patna High Court – Orders
Bilash Mandal &Amp; Anr vs State Of Bihar on 14 December, 2010
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.39770 of 2010

                  1. BILASH MANDAL , Son of Louki Mandal
                  2. Arvind Mandal, Son of Boku Mandal,
                               All are residents of village- Rasidpur, P.S. Nath Nagar,
                     District-Bhagalpur                       --------------- Petitioners
                                                    Versus
                                            STATE OF BIHAR
                                                  -----------

02 14-12-2010 Heard Sri Rajiv Ranjan Singh, learned counsel for the

petitioners and Sri Sanjay Kumar Pandey, learned Addl. Public

Prosecutor for the State.

Two petitioners, who are in custody in connection with

Nath Nagar P.S. Case No.14 of 2008 for the offence under Section

304(B) and 34 of the Indian Penal Code, have prayed for grant of

bail.

Learned counsel for the petitioners submits that there is

general and omnibus allegation. It was submitted that against

number of accused, same allegation was made. It was argued that in

this case as per the prosecution, occurrence took place on 7.1.2008

and after delay of more than seven day F.I.R. was lodged on

14.1.2008. It was submitted that petitioner no.1 is the cousin elder

brother of husband of the deceased and petitioner no.2 is younger

brother of the husband of the deceased. It was submitted that co-

accused Hira Lal Mandal , Boku Mandal ( father-in-law ) and one

another accused, namely, Nirmala Devi ( mother-in-law) have been

extended the privilege of bail vide Cr.Misc.No.9053 of 2010 and

Cr.Misc.No.35982 of 2009.

2

In view of the fact that some of the accused persons

having similar allegation have already been extended the privilege

of bail, let the petitioners above named be released on bail on

furnishing bail bond of Rs.10,000/-( Ten thousand) each with two

sureties of the like amount each to the satisfaction of learned 2nd

Addl.Sessions Judge,Bhagalpur in connection with Nath Nagar P.S.

Case No.14 of 2008.

Since the case has already been committed to the court of

Session, it is desirable to direct both the petitioners to render full co-

operation during the trial.

NKS/-                                   ( Rakesh Kumar, J.)