Patna High CourtCR. MISC./27451/2019bail granted

Raj Kumar Mandal v. The State Of Bihar

2019-09-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27451 of 2019 Arising Out of PS. Case No.-289 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== RAJ KUMAR MANDAL Son of Deb Narayan Mandal Resident of Village - Tinkonma, P.S.- Murliganj, Distt - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta For the informant :

Mr. Ranjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the offences under Sections 498A, 304B, 34 of the Indian Penal Code and 3 and 4 of D.P. Act.

Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.27451 of 2019(6) dt.27-09-2019 2/2 implicated in the present case. Witnesses in paragraphs 37, 38 and 39 of the Case Diary have stated that the deceased is said to have commited suicide. Hence, no offence under Section 304B IPC is made out. At best, it is a case for an offence under Section 306 IPC.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that 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 Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 289 of 2018.

(Sudhir Singh, J) Pankaj/- U T