Patna High CourtCR. MISC./4352/2018bail granted

Ganesh Mandal v. The State Of Bihar

2018-02-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4352 of 2018 Arising Out of PS. Case No.-350 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Ganesh Mandal S/o Jago Mandal, R/o Village- Telhan, P.S.- Sadar Darbhanga, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. UMA SHANKAR PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B, 498A/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act. Allegation against the petitioner is of committing torture and thereafter killed the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.09.2017 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet/prosecution report has been submitted in this case. The

Patna High Court Cr.Misc. No.4352 of 2018(3) dt.21-02-2018 2/2 petitioner has been made accused due to mistake of fact. The number of witnesses who have been examined, whose statements have been recorded in paragraph 14, 15 and 16 of the case diary, have stated that the deceased has committed suicide. The said witnesses are the independent witnesses and are the residents of the same village where the place of occurrence is situated. Their evidence cannot be discarded. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that 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 learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar P.S. Case No. 350 of 2017.

(Sudhir Singh, J) Pankaj/- U