Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30754 of 2021 Arising Out of PS. Case No.-229 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== 1.

Shankar Mandal Son of Mahabir Mandal.

2.

Chu Kumari @ Laidho Devi Wife of Shankar Mandal. Both residents of Village- Tapua Tola, P.S.- Chousa, District- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh, Adv.

For the State :

Mr. Brajendra Nath Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2021 Heard learned counsel for the parties.

Petitioners, who are in custody, seeks bail in a case registered for the offence punishable under Section 304(B), 34 of the Indian Penal Code.

Allegation against the FIR named accused including the petitioners is to have killed the daughter of the informant for non-fulfillment of demand of dowry. The learned counsel for the petitioners have submitted that the petitioners are innocent and they have been falsely implicated in the present case. Petitioners are father-in-law and mother-in-law of the deceased and they are living separately and have no concern with the affairs of deceased and her husband. The marriage was solemnized 5

Patna High Court CR. MISC. No.30754 of 2021(3) dt.06-10-2021 2/3 years ago and from the wedlock, two children were born, as such, allegation of demand of dowry is false and concocted. There is no external injury found on the person of deceased except one ligature mark around the neck. Charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Petitioners have no criminal antecedent and they are in custody since 28.11.2020. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Chousa P.S. Case No.229 of 2020, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper with the evidence or

Patna High Court CR. MISC. No.30754 of 2021(3) dt.06-10-2021 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Prakash Narayan /- U T