Kripanand Mandal @ Bauka Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24082 of 2020 Arising Out of PS. Case No.-26 Year-2014 Thana- TARABARI District- Araria ====================================================== Kripanand Mandal @ Bauka Mandal Son of Sakaldeo Mandal Resident of Village- Sukhsena, P.S.- Tarabari, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Tarabari P.S. Case No. 26 of 2014, registered for the offence under Sections 304(B)/34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with son of petitioner about six months ago and soon after the marriage, the accused persons including petitioner started torturing her for demand of dowry and on 30-04-2014 at 1:30 PM, the informant received a telephonic message that his daughter has been killed by her in-laws members by pressing her neck. On receipt of this information, the informant rushed to the matrimonial home of his daughter and saw his daughter lying dead. The informant also saw black ligature mark on the

Patna High Court CR. MISC. No.24082 of 2020(3) dt.04-11-2020 2/3 neck of his daughter.

It is submitted on behalf of petitioner that save and except suspicion, there is nothing against this petitioner. Petitioner is father-in-law of deceased and was living separately and has got no concern with the affairs of the deceased. Moreover, there is no eye-witness to the alleged occurrence. Petitioner is in custody since 29-02-2020. It is further submitted that husband of the deceased (Jaybodh Mandal) has already been granted anticipatory bail by this Court, vide order dated 05-11-2015 passed in Cr.Misc. No. 37246 of 2015. In this case, chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner 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 A.C.J.M.-I, Araria in connection with Tarabari P.S. Case No. 26 of 2014 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled

Patna High Court CR. MISC. No.24082 of 2020(3) dt.04-11-2020 3/3 by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T