Raj Kumar Mandal @ Raju Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38831 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Raj Kumar Mandal @ Raju Mandal Son of Ugan mandal Resident of VillageBhairavsthan, P.S.- Bhairab Asthan, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bhairab Asthan P.S. Case No. 16 of 2022 registered for the offence under Sections 341, 323, 324, 307, 498(A), 504 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The accused/petitioner is named in the F.I.R. and is in custody since 23.04.2022.

The allegation against the petitioner, who is the husband of the informant, to commit cruelty and also to assault with other co-accused persons/family members, with intention

Patna High Court CR. MISC. No.38831 of 2022(2) dt.23-09-2022 2/3 to cause her death.

Learned counsel appearing on behalf of the petitioner submitted that, admittedly, as per F.I.R., at the time of occurrence, the petitioner, who is the husband, was not available. The allegation against the petitioner is that he has only given an order to his brother, namely, Bambam Kumar, to assault his wife, whereafter, informant was assaulted by 'Dabia', received head injury. It is also submitted that the said Bambam Kumar has already been granted anticipatory bail by learned Sessions Judge, Madhubani. It is further submitted that matter is compromised, as is apparent from the order dated 28.03.2022 of learned Sessions Judge, Madhubani, where the petitioner further undertakes to keep the informant with all her love and dignity. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded the fact that petitioner was not available at the place of occurrence, as per F.I.R.

Patna High Court CR. MISC. No.38831 of 2022(2) dt.23-09-2022 3/3 In view of the facts and circumstances, as mentioned above, as allegation against the petitioner, who is the husband, is only to give order over telephone coupled with the fact that matter appears to be compromised between the parties, let the petitioner, above named, is directed to be released on bail in connection with Bhairab Asthan P.S. Case No. 16 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Jhanjharpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T