Manoj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49422 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -SONO District- JAMUI ======================================================

1. Manoj Mandal son of Sukhdeo Mandal resident of village Mahatmania, P.S. Sono, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 Heard the parties.

This application is for grant of regular bail in connection with Sono P.S. Case No.54 of 2016 for the offence under Sections 306/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that though the petitioner is the husband of the deceased but this is not filed under Section 304B of the IPC rather this case is made out under Section 306 of the IPC and it has come in the trial that the deceased had some illicit relation with other persons and due to that she has committed suicide and the petitioner is in custody for about six months.

Heard learned A.P.P. also, who could not controvert the aforesaid facts.

Patna High Court Cr.Misc. No.49422 of 2016 (4) dt.08-02-2017 2/2 Having heard both sides. In view of the fact that the petitioner is in custody for about six months and there is no material against the petitioner as well as the deceased had some illicit relation with some other persons so she committed suicide, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Jamui in connection with Sono P.S.Case No.54 of 2016 With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U