High Court Patna High Court - Orders

Mantu Mandal vs The State Of Bihar on 17 August, 2011

Patna High Court – Orders
Mantu Mandal vs The State Of Bihar on 17 August, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Miscellaneous No.2815 of 2011
                                          Mantu Mandal
                                               Versus
                                      The State Of Bihar
                                   ----------------------------------

5 17-08-2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the state.

Petitioner is in jail custody since 28.07.2010 in a

case initially registered under Section-307 & other minor

sections of the Indian Penal Code but subsequently, section-

302 of the Indian Penal Code was also added.

Allegedly, the petitioner and other accused put the

informant in boiling water as a result of which, he sustained

burn injuries on his whole body and subsequently, died in

course of his treatment.

The fardbeyan of the informant is amounting to his

dying declaration. The injury report as well as postmortem

report of the informant corroborates the allegation.

Regard being had to the facts and circumstances of

the case as well as submission of the parties, I am not inclined

to release the petitioner on bail. Accordingly, his prayer for bail

in connection with Parbatta P.S. Case No. 35 of 2009 pending

in the court of Chief Judicial Magistrate, Khagaria is hereby

rejected.

AKV/-                                             ( Hemant Kumar Srivastava,J.)