Badal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29253 of 2019 Arising Out of PS. Case No.-518 Year-2018 Thana- RAJAON District- Banka ====================================================== 1.
Badal Mandal Son of Ganauri Mandal Resident of Village- Chandpur, P.S.- Rajoun, District- Banka.
2.
Ganauri Mandal Son of Lakshman Mandal Resident of Village- Chandpur, P.S.- Rajoun, District- Banka.
3.
Soni Devi W/o Badal Mandal Resident of Village- Chandpur, P.S.- Rajoun, District- Banka.
4.
Gujari Devi @ Girji Devi W/o Ganauri Mandal Resident of VillageChandpur, P.S.- Rajoun, District- Banka. ... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar Jha For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498-A, 323, 341, 504 & 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioners are said to have tormented the informant over dowry demand and petitioner no.2-Ganauri Mandal and petitioner no.4-Gujari Devi @ Girji Devi, who happens to be parents-in-law of the informant and the husband
Patna High Court CR. MISC. No.29253 of 2019(3) dt.06-05-2019 2/3 of the informant administered some spurious substance i.e. thymet to the informant resultantly the informant was admitted in the hospital.
Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case. The allegation levelled against the petitioners are not specific rather general and omnibus in nature. They have no criminal antecedent.
On the other hand, learned APP for the State opposing the bail petition submitted that though there is general and omnibus allegation against petitioner nos.1 & 3, who happens to be 'Bhaisur' and 'Gotini' of the informant but there is specific allegation against petitioner nos.2 & 4 of administering spurious substance to the informant along with her husband resultantly the informant was hospitalized.
Having regard to the facts and circumstances of the case, let the petitioner no.1-Badal Mandal and petitioner no.3Soni Devi, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.29253 of 2019(3) dt.06-05-2019 3/3 amount each to the satisfaction of the learned C.J.M., Banka in connection with Rajoun P.S. Case No. 518 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The prayer for bail of petitioner no.2-Ganauri Mandal and petitioner no.4-Gujari Devi @ Girji Devi is hereby rejected. They are directed to surrender before the learned Court below within six weeks from today and seek regular bail. Accordingly, this application is disposed of. (Prakash Chandra Jaiswal, J) Trivedi/- U T