Hira Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19373 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== 1.Hira Mandal son of Late Nageshwar Mandal, resident of villageMadhawapur, P.S. Bhawanipur,(Balia O.P.),Purnea. 2.Vikash Kumar son of HIRA MANDAL, resident of village-Madhawapur, P.S. Bhawanipur,(Balia O.P.),Purnea.

3.Lalita Devi wife of Vikash Kumar, resident of village-Madhawapur, P.S. Bhawanipur,(Balia O.P.),Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-07-2019 Heard the parties.

The petitioners seek pre-arrest bail in Bhawanipur (Balia O.P.) P.S.Case No.194 of 2018 registered for the offence under Section 304(B)/34 of the Indian Penal Code. Accusation is of killing of the daughter of the informant by her in-laws by pressing her neck due to nonfulfillment of dowry demand. Submission of learned counsel for the petitioners is that all three petitioners are father-in-law, brother-in-law and sister- in-law of the deceased. Niwas Kumar who happens to be the husband of the deceased Swati Kumari, is in custody since 23.09.2018. Further submission is that while allegation has been

Patna High Court CR. MISC. No.19373 of 2019(3) dt.25-07-2019 2/2 made to kill the deceased by pressing neck but in post mortem report the cause of death is asphyxia due to hanging. Further submission is that co-accused Om Prakash Mandal @ Prakash Mandal who is cousin father-in-law of the deceased has already been allowed pre-arrest bail vide order dated 11.04.2019 passed by Cr.Misc.No.19381 of 2019 by a coordinate Bench of this Court.

Having regard to the facts and circumstances of the case, let all the three petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today be released on bail on furnishing bail bonds of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of S.D.J.M.,Purnea in Bhawanipur (Balia O.P.) P.S.Case No.194 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) aks/- U