Sahendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7826 of 2024 Arising Out of PS. Case No.-1972 Year-2015 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
Sahendra Mandal son of Late Janardhan Mandal @ Narayan Mandal Village- Prem Tola Ghorghat Ps- Bariyarpur Dist- munger 2.
Amla Devi wife of Sahendra Mandal Village- Prem Tola Ghorghat PsBariyarpur Dist- munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kalawati Devi D/o- Mangan Mandal Village- Purani Athgama Ps- Sabaur Dist- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shweta, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-02-2024 Heard Ms. Shweta, learned counsel for the petitioners and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioners are apprehending their arrest in connection with Complaint Case No. 1972 of 2015 for the offence under sections 498(A), 323 of the I.P.C. and 3/4 of Dowry Prohibition Act.
3. As per the prosecution story, the informant alleged that she was married to one Kishor Kumar Mandal in the year 2015, but was always tortured for dowry and left with no option, the FIR.
4. Learned counsel for the petitioners submit that
Patna High Court CR. MISC. No.7826 of 2024(2) dt.17-02-2024 2/3 they have no role to play, aged father-in-law and mother-in-law. In the fight between the couple, they have been dragged in. They are ready to co-operate in the trial.
5. Learned APP opposes the prayer.
6. Taking into account the submissions put forward by the parties as also that they are aged father-in-law and mother-in-law, they do not have criminal antecedent, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Complaint Case No. 1972 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their
Patna High Court CR. MISC. No.7826 of 2024(2) dt.17-02-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) kiran/- U T