Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13183 of 2021 Arising Out of PS. Case No.-490 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== RAJ KUMAR MANDAL Son of Late Newalal Mandal Resident of village - Logaiyan, Police Station - Shiv Narayanpur, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Kahalgaon (Shiv Narayanpur) PS Case No. 490 of 2020, registered under Sections 304(B), 34 of the Indian Penal Code.

Informant has lodged FIR stating that he received intimation regarding his niece has been done to death in the

Patna High Court CR. MISC. No.13183 of 2021(2) dt.20-07-2021 2/3 matrimonial home for non-fulfillment of dowry. Petitioner's counsel submits that petitioner is father-inlaw of the deceased. He is a teacher and having no concern with the affairs of the deceased and her husband, as he is separate from them.

One supplementary affidavit has been filed from electronic mode stating that husband of the victim has surrendered in the Court on 21.01.2021. The petitioner is in custody since 14.08.2020 with no specific allegation against him. Submission is of implication merely by virtue of his relationship without any basis.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in Kahalgaon (Shiv Narayanpur) PS Case No. 490 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close 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

Patna High Court CR. MISC. No.13183 of 2021(2) dt.20-07-2021 3/3 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 bond will be liable to be cancelled.

(Madhuresh Prasad, J) rakhi/- U T