Gulabi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21806 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- RAJAON District- Banka ====================================================== 1.

Gulabi Mandal (Male), aged about 68 years, Son Of Triloki Mandal @ Teloki Mandal.

2.

Kosia Devi @ Kailashi Devi (Female), aged about 62 years, wife Of Gulabi Mandal , both the resident Of Village - Chakmahamud, Police Station - Rajoun, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-06-2023 Heard Mr. Suman Kumar, learned counsel appearing on behalf of the petitioners and Mr. Raj Kishor Singh, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Rajoun P.S. Case No. 510 of 2022 dated 05.11.2022 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

3. Prosecution story, in brief, is that the accused persons named in the F.I.R. had assaulted the daughter of the informant for not fulfillment of dowry. The victim girl had died

Patna High Court CR. MISC. No.21806 of 2023(2) dt.24-06-2023 2/3 in course of treatment.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are father-in-law and mother-in-law of the victim girl and they were not involved in the alleged offence of committing murder of the daughter of the informant. The main accused is the husband, who is the son of the petitioner nos. 1 and 2, and he is in custody. The petitioners are innocent. Learned counsel also pleaded that the petitioners are senior citizen and deserve to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the fact that no specific role has been assigned against the petitioners by the informant in the FIR as well as the age of the petitioner nos. 1 and 2, I am of the opinion that petitioners have, prima facie, made out a case to be released on bail.

7. The petitioner nos. 1 and 2, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.21806 of 2023(2) dt.24-06-2023 3/3 Magistrate, Banka in connection with Rajoun P.S. Case No. 510 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Niraj/Nilmani U T