Mahendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33429 of 2020 Arising Out of PS. Case No.-341 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== 1.

MAHENDRA MANDAL, S/o Late Kishun Mandal, R/o village- Raniganj Patori, Ward No. 5, P.S.- Forbesganj, District- Araria 2.

JANKI DEVI, W/o Mahendra Mandal, R/o village- Raniganj Patori, Ward No. 5, P.S.- Forbesganj, District- Araria 3.

BATESH MANDAL, S/o Mahendra Mandal, R/o village- Raniganj Patori, Ward No. 5, P.S.- Forbesganj, District- Araria ... Petitioners

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Bhola Prasad, Adv.

For the Opposite Party :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 12-03-2021 As prayed for, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 07.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Forbesganj P.S. Case No. 341 of 2020, registered under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing of the daughter of the informant, Baijnath Mandal, by her husband and in-laws, whose marriage was performed before seven years with Mukesh Mandal, due to family dispute.

Submission is that all the three petitioners, namely, Mahendra Mandal, Janki Devi and Batesh Mandal, are father-in-law, mother-in-law and brother-in-law of the deceased and, admittedly, the marriage of the deceased daughter of the informant was

Patna High Court CR. MISC. No.33429 of 2020(2) dt.12-03-2021 2/2 performed before seven years of the occurrence with co-accused, Mukesh Mandal. In fact, petitioner no. 3, Batesh Mandal, has prepared a new house in other village where the function was organized in which all family members were present, but, due to quarrel attitude, the deceased was not invited there and she committed suicide and information was given to the brother of the deceased and, thereafter, dead body was disposed off, but, with ulterior motive, informant lodged the present case. Further, submission is that, more so, Mukesh Mandal is in jail custody. Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Forbesganj P.S. Case No.

341 of 2020 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T