Krishna Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42185 of 2017 Arising Out of PS.Case No. -343 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Krishna Kumar Mandal, Son of Late Mohan Mandal, resident of villageMaricha Punarwas, Police Station- Supaul, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Goutam For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 19.06.2017 in connection with Supaul P.S. Case No. 343 of 2017 for offences punishable under Sections 341, 323, 307, 304(B), 120(B) and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her daughter Arti Kumari was married to the petitioner's son Jitendra Mandal three years back and has a daughter. She was tortured for demand of dowry and ultimately burnt to death by the husband and in-laws. It has been submitted by the learned counsel for the petitioner that he is innocent, being the father-in-law he has been roped in the said offence. He submits that no specific allegation has been made and the victim lady bolted the door inside as is evident from the statement of independent witnesses and the description of the place of

Patna High Court Cr.Misc. No.42185 of 2017 (3) dt.06-11-2017 2/2 occurrence. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and since the husband of the deceased is traceless, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Supaul P.S. Case No.343 of 2017, pending in the court of learned Chief Judicial Magistrate, Supaul. The application is, accordingly, rejected.

(Nilu Agrawal, J) Devendra/- U T