Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12 of 2018 Arising Out of PS.Case No. -33 Year- 2017 Thana -SURSAND District- SITAMARHI ====================================================== Bhola Mandal son of Late Sogarath Mandal @ Soha Mandal residence of village - Joki Tola Matauna, P.S. - Sursand, District - Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 31.03.2017, has renewed his prayer for bail in connection with Sursand P.S. Case No. 33 of 2017 for the offences alleged under Sections 304B and 201/34 of the Indian Penal Code having earlier been rejected by this Court by order dated 11.08.2017 in Criminal Miscellaneous No. 31975 of 2017.

3. It is submitted that the petitioner, being the father-in-law of the deceased, has been falsely implicated and through sheer inadvertence the petitioner failed to correctly state and submit that there was no specific accusation against the petitioner in the FIR with regard to having made dowry demand. In a subsequent development, the husband of the deceased Dilip Mandal has been granted bail by this Court in Cr. Misc. No. 42735 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.12 of 2018 (3) dt.14-03-2018 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Sitamarhi in connection with Sursand P.S. Case No. 33 of 2017 (Trial No. 264/2017) on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T