Patna High Court/16526/2023bail granted

Jeevan Mandal @ Jitendra Mandal v. The State Of Bihar

2023-03-15Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16526 of 2023 Arising Out of PS. Case No.-163 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== JEEVAN MANDAL @ JITENDRA MANDAL S/o Pappu Mandal R/o Village- Ram Nagar Mankatha, P.S.- Amahara- Lakhisarai, Distt- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Rail Kiul P.S. Case No. 163 of 2019 registered for the offences under Sections 302, 120(B), 498(A) and 201 of the Indian Penal Code.

As per the prosecution story, the marriage of the daughter was solemnized with the petitioner herein in the year 2012 according to Hindu rites and from the conjugal life, two female child were born. Thereafter, it is alleged that the accused persons started demanding dowry of Rs. 1,00,000/- and on denial started torturing her daughter, which resulted in filing of Complaint Case No. 184 (C ) of 2015 against the family members.

Patna High Court CR. MISC. No.16526 of 2023(2) dt.15-03-2023 2/3 Earlier the matter was taken up vide Cr. Misc. No. 59862 of 2021 and its analogous case, on 19.05.2022 while the bail of the father of the petitioner was allowed while that of the present petitioner was rejected.

Learned counsel for the petitioner submits that he has already suffered by being in custody since 15.08.2020 (as stated in paragraph 16 of the bail petition) and is ready to abide by all the terms and conditions, if granted bail.

Taking into account the period of custody and ultimately he has to face the trial, this Court is inclined to grant him privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned Rail Judicial Magistrate, Kiul in connection with Rail Kiul P.S. Case No. 163 of 2019, subject to the following conditions-: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner 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 his/her

Patna High Court CR. MISC. No.16526 of 2023(2) dt.15-03-2023 3/3 bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner 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 his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Neha/- U T