Naresh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35487 of 2022 Arising Out of PS. Case No.-374 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== Naresh Mandal Son Of Late Kamli Das Mandal, R/O Village- Baruna Shanti Nagar, Ward No.-13, P.S.- Barhara, District- Purnia ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad, Advocate Mr. Indrajeet Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Barhara P.S. Case No. 374 of 2021 lodged under Sections 341, 323, 498(A), 304(B) and 143 of the Indian Penal Code. As per the prosecution, the allegation of dowry death is there against the entire family members including the petitioner.

Learned counsel for the petitioner submits that the petitioner is father-in-law. He further submits that the husband of the deceased is already in custody, which he has stated in

Patna High Court CR. MISC. No.35487 of 2022(2) dt.16-09-2022 2/3 paragraph-12 of the petition. He further submits that from the F.I.R., it transpires that there is general and omnibus allegation against the petitioner. He is taking defence that due to behave of his son and daughter-in-law, the petitioner and his wife completely detached from them and they are living in a complete separate way from his son and deceased daughter-inlaw. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Barhara P.S. Case No. 374 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.35487 of 2022(2) dt.16-09-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T