Patna High CourtCR. MISC./62056/2018bail granted

Jharkhandi Mandal @ Indradeo Mandal And ANR v. The State Of Bihar

2018-10-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62056 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- KHARIK District- Bhagalpur ======================================================

1. Jharkhandi Mandal @ Indradeo Mandal, S/o Late Jantri Mandal,

2. Viddi Mandal S/o Late Ganesh Mandal, Both R/o Vill.- Usmanpur, P.S.- Kharik, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the parties.

The petitioners seek bail in Kharik Police Station Case No. 142 of 2018, registered for the offences punishable under Sections 304(B), 328 and 201/34 of the Indian Penal Code.

The petitioner no. 1 is the elder brother of the husband of the deceased whereas petitioner no. 2 is the uncle of the husband of the deceased.

Learned counsel appearing on behalf of the petitioners has made two submissions. He firstly contends that there is no specific allegation against these petitioners of demand of dowry. He secondly contends that it is evident from the first information report that they have been falsely implicated on the

Patna High Court Cr.Misc. No.62056 of 2018(2) dt.08-10-2018 2/2 basis of information given to the informant by persons who are not known. He has also submitted that though there is allegation even in the first information report against other persons but such allegation is not there against these petitioners. On perusal of the first information report, I find substance in the submissions made on behalf of the petitioners. This application is, accordingly, allowed.

Let the petitioners, Jharkhandi Mandal alias Indradeo Mandal and Viddi Mandal, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, DistrictBhagalpur in Kharik Police Station Case No. 142 of 2018. (Chakradhari Sharan Singh, J) Ashish/- U T