Budhan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30707 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Budhan Mandal Son of Subilal Mandal Resident of Village- Kakhiya, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Kanchan Devi Wife of Vijay Kumar Mandal Resident of Village- Kakhiya, P.S.- Laukahi, Dist.- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Laukahi P.S. case No. 310 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 498A/34 of the Indian Penal Code as well as 3/4 of the Dowry Prohibition Act. 3.

Prosecution case, in short, is that the petitioner along with other family members tortured the informant mentally and physically due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.30707 of 2024(3) dt.28-06-2024 2/3 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is father-in-law of the deceased. Learned counsel further submitted that petitioner neither demanded any dowry nor tortured the informant and the entire story is false and fabricated. There is general and omnibus allegation levlled against the petitioner. There is no specific allegation attributed to the petitioner. Specific allegation of assault is against coaccused (husband of the victim) namely, Vijay Kumar Mandal, who has been granted bail by this Court vide order dated 24-062024, passed in Cr. Misc. No. 41426 of 2024. It is lastly submitted that petitioner is in custody since 01-12-2023, having clean antecedent.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the 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 Court below/concerned Court in connection with Laukahi P.S. case

Patna High Court CR. MISC. No.30707 of 2024(3) dt.28-06-2024 3/3 No. 310 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T