Jaldhar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28171 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- RAJAON District- Banka ====================================================== 1.

Jaldhar Mandal Son Of Late Aklu Mandal 2.

Sunita Devi Wife Of Jaldhar Mandal Both are R/O Village- Kharwa, P.S.- Nawada, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State in both the applications. The petitioners seek bail in a case registered for the offence under Sections 304(B) and 34 of the Indian Penal Code. Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. They have falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.28171 of 2022(2) dt.29-08-2022 2/3 petitioner No.1 is father-jn-law and petitioner No.2 is mother-inlaw of the deceased. Further submits that they have no concern at all with the family affairs of the deceased and they are living separately. Further submits that it appears from the FIR that there is general and omnibus allegation against all the accused persons including the petitioners and the police, after investigation, submitted chargesheet against the petitioners and the petitioners are in custody since 11.03.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Rajoun P.S.Case No. 14 of 2022 with the following conditions:-

(1) Petitioners shall co-operate 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

Patna High Court CR. MISC. No.28171 of 2022(2) dt.29-08-2022 3/3

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

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T