Maneshwar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15217 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -ALAMNAGAR District- MADHEPURA ======================================================
1. Maneshwar Mandal Son of Anandi Mandal Resident of Village - Kolawra, Tola - Gangapur, Police Station - Alamnagar (Ratwara), District - Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 304 B and 34 of the I.P.C Sunita Devi, the daughter of the informant, was married to the petitioner in the year 2010 and allegedly due to non fulfillment of demand of additional dowry the petitioner and other co-accused used to torture her and ultimately they administered poison resulting during treatment she died.
Submission is of false implication and that the marriage was performed in a temple without any dowry, in support of the marriage affidavit was also sworn, vide Annexure-2, the
Patna High Court Cr.Misc. No.15217 of 2016 (4) dt.23-06-2016 2/2 petitioner brought his wife for treatment, it is a case of suicide, the wife of the petitioner was short tempered lady, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, during postmortem no external injury was found on the person of the deceased, out of the wedlock there is a son who is living with the family of the petitioner. The learned A.P.P. opposes prayer for bail.
In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Udakishunganj, District- Madhepura in Alamnagar (Ratwara) P.S. Case No. 117 of 2015, subject to the conditions that one of the bailors must be a 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) Abhay/- U T