Chet Narayan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31516 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- SIKTI District- Araria ====================================================== 1.
Chet Narayan Mandal SON OF SHREE LAKSHMAN Mandal Village Teera Khardah, Ward No.- 4, P.S.- Sikti, Distt Araria 2.
TILOTMA DEVI W/O- SHREE CHET NARAYAN MANDAL Village Teera Khardah, Ward No.- 4, P.S.- Sikti, Distt Araria 3.
KAMAL MANDAL @ KAMAL KISHORE MANDAL S/O- CHET NARAYAN MANDAL Village Teera Khardah, Ward No.- 4, P.S.- Sikti, Distt Araria 4.
SAVITA DEVI WIFE OF KAMAL MANDAL Village Teera Khardah, Ward No.- 4, P.S.- Sikti, Distt Araria 5.
ANIL MANDAL @ ANIL KUMAR MANDAL SON OF LATE PARMANAND MANDAL Village Teera Khardah, Ward No.- 4, P.S.- Sikti, Distt Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Nand Poddar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP For the Informant :
Mr. Kashyap Kaushal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Sikti P.S. Case No. 05 of 2024 for the offence under sections 304B and 120(b) of the I.P.C. lodged on 19.01.2024 by the informant, Mitan Lal Mandal.
3. As per the prosecution story, the informant's daughter was married to Kishor Mandal but was tortured for dowry and subsequently, the informant came to know about her
Patna High Court CR. MISC. No.31516 of 2024(2) dt.22-05-2024 2/3 killing. As they reached the place, funeral took place. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that they are extended family members of the husband, Kishor Mandal, living separately, had no role to play in the matter and further, in paragraph 9, it has been submitted that the husband of the deceased is in custody since 20.01.2024.
5. Learned counsel for the informant opposes the prayer submitting that due to dowry, all the family members used to torture.
6. Taking into account the submissions put forward by the parties as also the fact that the husband is in custody, FIR lodged and they will be facing the trial, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners, named above be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Araria, in connection with Sikti P.S. Case No. 05 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.31516 of 2024(2) dt.22-05-2024 3/3 the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) kiran/- U T