Mantu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9544 of 2025 Arising Out of PS. Case No.-75 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.
Mantu Mandal Son of Sri Shatrughan Mandal Resident of Village - Pachvira Basa, P.S. - Alamnagar Ratwara, District - Madhepura 2.
Pawo Devi Wife of Sri Shatrughan Mandal Resident of Village - Pachvira Basa, P.S. - Alamnagar Ratwara, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad, Adv.
Mr. Manoj Kumar, Adv.
Ms. Pooja Prasad, Adv.
For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Alamnagar (Ratwara) P.S. Case No. 75 of 2021 instituted for the offences under Sections 302/34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the accused persons including the petitioners if of committing murder of the Informant's daughter due to non-fulfillment of dowry demand. Moreover, the marriage of the daughter of the Informant was solemnized 10 years ago.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.9544 of 2025(2) dt.11-04-2025 2/3 petitioners are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The petitioners have not committed any offence as alleged in the F.I.R. The petitioner no.1 is the Devar whereas petitioner no.2 is the mother-in-law of the deceased and they live separately. There is no direct or specific allegation of any overt act against the petitioners rather the same is general and omnibus in nature. The petitioners were not arrested on the spot as also nothing incriminating has been recovered from their conscious possession. The petitioners have no criminal antecedent and are languishing in judicial custody since 13.09.2024 without any rhymes or reason.
Learned counsel for the petitioners further submits that the co-accused Sikandar Mandal, the husband of the deceased, and Shatrughan Mandal, father-in-law of the deceased, have been acquitted of all the charges in the present case in Sessions Trial No. 277 of 2022 CIS No. 277 of 2022 vide judgment dated 19.01.2024 passed by the learned Sessions Judge, Madhepura.
5. Learned counsel for the petitioners again submits that the co-accused namely Shatrudhan Mandal, who is the father-in-law of the deceased, has already been granted bail by this Court vide order dated 19.01.2024 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.9544 of 2025(2) dt.11-04-2025 3/3 42 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners, stating that the offence alleged against the petitioners is serious in nature.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioners and the petitioners having no criminal antecedent as also considering the fact that the husband and father-in-law of the deceased have already been acquitted in the present case, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alamnagar (Ratwara) P.S. Case No. 75 of 2021. (Rudra Prakash Mishra, J) rishi/- U T