Pintu Mandal @ Pintu Kumar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.12170 of 2016 (3) dt.04-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12170 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -PRATAPGANJ District- SUPAUL ======================================================

1. Pintu Mandal @ Pintu Kumar Mandal Son of Jhameli Mandal, resident of Village & Police Station- Pratapganj, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s : MrAjay Kumar-2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Pratapganj P.S. Case No. 37 of 2015 registered for the offences punishable under Sections 304-B and201/34 of the Indian Penal Code. Babita Devi, the daughter of the informant was married to the petitioner five months ago and allegedly, due to nonfulfillment of demand of dowry by way of cow, she-buffalo and ornaments she was being tortured by the petitioner and other inlaws and ultimately she was strangulated to death and her dead body was thrown in canal.

Submission is of false implication and that nothing was ever demanded by the petitioner or any one, there is general and omnibus allegation, the informant after realizing the truth has filed petition in the learned court below stating innocence of the petitioner and others, the wife of the petitioner was suffering from

Patna High Court Cr.Misc. No.12170 of 2016 (3) dt.04-05-2016 mental illness, without any fault the petitioner is suffering in custody since 16.11.2015 and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. submits that the petitioner is the husband and now the informant is not ready to support the prosecution version.

In the facts and circumstances stated above, considering that now the informant is retracting from his earlier version and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Supaul in connection with Pratapganj P.S. Case No. 37 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T