Pappu Mandal @ Pappu Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13799 of 2017 Arising Out of PS.Case No. -637 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Pappu Mandal @ Pappu Kumar Mandal son of Sita Ram Mandal, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Petitioner is husband of victim Nilam Devi, who died within three years of her marriage in unnatural circumstances. Allegation is that there was illegal demand and on 09.09.2016 the in-laws brought the victim to her parents' house in a serious condition and on 10th of September, 2016 the victim died. Suspicion is that the victim was poisoned by her in-laws. Learned counsel for the petitioner has filed supplementary affidavit enclosing therewith the details of the treatment of the victim at Rainbow Emergency and Trauma Hospital, Patna, and submits that she was admitted thereat on 29.8.2016 and was discharged on 07.09.2016. Thereafter, she went to

Patna High Court Cr.Misc. No.13799 of 2017 (5) dt.28-06-2017 2/2 her parents' house and all of a sudden she died and the present false case has been lodged just to pressurize. The details of diagnosis and pathological examination are also enclosed with the supplementary affidavit.

Considering the material brought on the record especially regarding treatment of the victim, initially at the instance of the petitioner, relating to some abdominal disease, in my view, the petitioner deserves anticipatory bail. Hence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/Successor Court in connection with Araria Police Station Case No.637 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case.

(Birendra Kumar, J) Mkr./- U T