Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9382 of 2024 Arising Out of PS. Case No.-296 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== Shankar Mandal, S/O- Late Bindeshwari Mandal @ Late Bam Bam Mandal, R/O- Village- Aurahi, P.S.- Barhara, Dist.- Purnea. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Supplementary Barhara P.S. Case No. 296 of 2021 registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. As per prosecution case, the daughter of the informant has been killed by the accused persons including the petitioner due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The alleged occurrence has taken place on 05.09.2021, but the FIR was registered on 12.09.2021 implicating the petitioner and other accused persons with ulterior motive. During investigation, it transpires that the petitioner was living in

Patna High Court CR. MISC. No.9382 of 2024(3) dt.26-04-2024 2/2 Jalandhar (Punjab) and on 09.09.2021 at about 11.00 am he came to the in-law's house of the deceased. The deceased died due to snake biting and her cremation has been done in presence of the family members of the deceased. He further submits that other co-accused persons namely Arvind Mandal @ Arvind Kumar, Sunri Devi, Sushila Devi @ Shshila Kumari have already been granted regular bail by this Court vide order dated 18.05.2023 passed in Cr. Misc. No. 19458 of 2023. Petitioner is in custody since 04.10.2023 having no criminal antecedent. The petitioner undertakes to cooperate in the trial.

5. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, 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 the learned Judicial Magistrate 1st Class, Purnea, in connection with Supplementary Barhara P.S. Case No. 296 of 2021.

(Sunil Dutta Mishra, J) khushbu/- U T