Rajesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37069 of 2014 Arising Out of PS.Case No. -96 Year- 2014 Thana -JHANJHARPUR District- - ====================================================== Rajesh Mandal S/o Ram Kishun Mandal Resident of Village Chanaura Goth, P.S. Jhanjharpur, District Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner, being husband of the deceased, is in jail custody since 05-07-2014 in a case registered under Section304(B), 120(B) of the Indian Penal Code. Although in the first information report, there is allegation that this petitioner along with his family members used to make demand of dowry and also used to torture the deceased but it has been admitted in the first information report that at the time of alleged occurrence, the petitioner was in Delhi and the above-said statements have been stated by almost all the witnesses in course of investigation. Moreover, I find that in course of investigation, the witnesses stated that mother-in-law of the
Patna High Court Cr.Misc. No.37069 of 2014 (3) dt.27-01-2015 2/2 deceased had illicit relationship with one Arun Choudhary, who used to tease and torture the deceased. Furthermore, I find from perusal of paragraph-59 of the case diary that the doctor, who conducted the postmortem examination on the corpus of the deceased, could not give any specific opinion, regarding the death of the deceased and he kept the viscera reserved. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Jhanjharpur P.S. Case No. 96 of 2014 to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur.
(Hemant Kumar Srivastava, J) A.K.V./- U T