Gautam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15882 of 2016 Arising Out of PS.Case No. -252 Year- 2014 Thana -MANSI District- KHAGARIA ======================================================

1. Gautam Mandal Son of Kapildeo Mandal Resident of Village-Thatha, P.S.-Mansi, District-Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 304 (B) of the I.P.C Sulochna Devi, the daughter of the informant, was married to the petitioner 1 1⁄2 years ago and allegedly the petitioner and other in-laws used to demand bed, chair and ornaments and due to non fulfillment she was burnt by them and during treatment she died.

Submission is of false implication and that there was cordial relation between the petitioner and his wife, nothing was ever demanded from any one, the wife of the petitioner received burn injuries at the time of cooking and in this regard due

Patna High Court Cr.Misc. No.15882 of 2016 (3) dt.01-07-2016 2/2 information was given to the informant, the petitioner and his family members brought her at the hospital to save her life, during investigation the witnesses vide paragraphs- 11 and 12 of the case diary have stated that the wife of the petitioner received burn injuries at the time of cooking and further the petitioner is in custody since 22.02.2016, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, other co-accused have been allowed bail.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Khagaria in Mansi P.S. Case No. 252 of 2014/ G.R. No. 2844 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T