Vishundeo @ Vishnu Dayal Mandal @ Visundeo Mandal @ Bishun Deo Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9406 of 2019 Arising Out of PS. Case No.-39 Year-2015 Thana- MAHILA P.S. District- Bhagalpur ======================================================

1. Vishundeo @ Vishnu Dayal Mandal @ Visundeo Mandal @ Bishun Deo Mandal, Son of Late Bhagwat Mandal Resident of Village - Tintanga Diara, Kutaru Mandal Tola, P.S.- Gopalpur (Rangara Chowk), District- Bhagalpur.

2. Ajani Devi Wife of Vishundeo @ Vishnu Dayal Mandal @ Visundeo Mandal @ Bishun Deo Mandal Resident of Village - Tintanga Diara, Kutaru Mandal Tola, P.S.- Gopalpur (Rangara Chowk), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioners and the State.

The petitioners who are the parents-in-law of the informant, seek bail in anticipation of their arrest in connection with Naugachia (Mahila) P.S. Case No. 39 of 2015 dated 04.07.2015 instituted though for the offences under Sections 341, 323, 354(B), 504, 506, 509 and 34 of the Indian Penal Code but after investigation, charge sheet has been submitted under Sections 498(A), 341, 504, 506, 509 and 34 of the IPC.

It has been alleged in the FIR that after the death of the husband of the informant, petitioner no. 1 who is her father-in-law had an evil eye on her and petitioner no. 2 is said to have given her a push on a particular day, insinuating that the informant had caused

Patna High Court Cr.Misc. No.9406 of 2019(2) dt.19-02-2019 2/2 the death of her son.

Be it noted that according to the FIR, the husband of the informant had been murdered.

From the averments made in the bail petition, it appears that now the informant has remarried one Ganauri Mandal after the death of her husband/Arvind Mandal. The cause of occurrence as is evident from the bail petition is that the informant had called her newly married husband in the house of the petitioners which was objected to by the petitioners and therefore the present case has been lodged.

Considering the aforesaid background, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Naugachia, Bhagalpur in connection with Naugachia (Mahila) P.S. Case No. 39 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T