Patna High CourtCR. MISC./7002/2016bail granted

Mukesh Kumar Mandal And ANR v. The State Of Bihar

2016-04-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7002 of 2016 Arising Out of PS.Case No. -202 Year- 2015 Thana -DHURAIYA District- BANKA ======================================================

1. Mukesh Kumar Mandal Son of Laxmi Mandal

2. Sumitra Devi Wife of Laxmi Mandal all are residents of Village - Batsar, P.S. Dharaiya, District - Banka.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-04-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Dhoraiya P.S.Case No. 202/2015, disclosing offences under section 302 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Petitioner no.2 is the mother-in-law of the deceased, whereas petitioner no.1 is the brother of the husband of the deceased. A complaint case filed by the informant is the basis for institution of the present F.I.R.. It transpires that the date of occurrence is 10.8.2015 for which complaint case was lodged on 10.9.2015. Though there is explanation in the complaint petition

Patna High Court Cr.Misc. No.7002 of 2016 (3) dt.08-04-2016 for delay in its institution, it appears that the allegation of demand of dowry and torture therefor is quite general and omnibus. It is submitted on behalf of the petitioners that in no event, a case punishable under section 302 of the I.P.C. can be said to have been made out on the basis of allegations, contained in the complaint petition.

Considering the above, the provisional bail granted to the petitioners vide order dated 15.3.2016, in Dhoraiya P.S.Case No. 202/2015 pending in the court of the Chief Judicial Magistrate, Banka is, hereby, confirmed.

(Chakradhari Sharan Singh, J) Surendra/- U T