Vishal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21947 of 2019 Arising Out of PS. Case No.-453 Year-2011 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== VISHAL MANDAL Son of TunTun Mandal Resident of Village- Satghara (Daudbat), P.S.- Habibpur, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Gunjan Devi D/o late Anuplal Singh, Resident of village- Kotwali, PostAmhara, P.S.- Rajoun, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 323, 379, 504 & 498A of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-11-2018. The petitioner has falsely been implicated in the present case due to petty family

Patna High Court CR. MISC. No.21947 of 2019(2) dt.09-04-2019 2/2 dispute. All the offences are triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bhagalpur in connection with Complaint Case No. 453 of 2011.

(Sudhir Singh, J) A.K.V.//- U T