Rajesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34373 of 2023 Arising Out of PS. Case No.-392 Year-2019 Thana- FALKA District- Katihar ====================================================== Rajesh Mandal S/O Battan Mandal @ Batan Mandal R/O Village- Mahabala (Wrongly Stated As Mohaballa In The F.I.R), P.S- Rupauli, Distt.- Purnea. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Falka P.S. Case No. 392 of 2019 registered for the offence under Sections 302, 201, 323, 324, 379 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 23.12.2022.

The allegation against the petitioner is to commit the murder of wife of informant, who is none but mother in law of petitioner, where suspicion was arises that occurrence was committed by this petitioner for the reason that there was a matrimonial discord between the petitioner and his wife i.e.

Patna High Court CR. MISC. No.34373 of 2023(2) dt.27-06-2023 2/3 daughter of deceased and informant, for which a case under dowry Act claimed to lodge prior to this occurrence. Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye-witness of the occurrence and entire allegation is arises out of suspicion as petitioner being son-in-law having matrimonial discord with the daughter of informant and deceased. It is submitted that suspicion as raised to solemnize second marriage through present FIR is also false. It is submitted that the narration of FIR itself that a dowry case has already registered against this petitioner prior to this occurrence but a case under Section 498A of the Indian Penal Code was registered only after one year of this present occurrence i.e. on 01.11.2020.

It is also submitted that nothing surfaced during the course of investigation to connect petitioner with present occurrence. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Patna High Court CR. MISC. No.34373 of 2023(2) dt.27-06-2023 3/3 petitioner with present occurrence, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 23.12.2022, accordingly, petitioner above named, is directed to be released on bail in connection with Falka P.S. Case No. 392 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Katihar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T