Rajendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50670 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- NIRMALI District- Supaul ====================================================== RAJENDRA MANDAL S/o- Late Lakhan Mandal R/O Village - Hariyahi, Ward no. 8, P.S. - Nirmali, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Prakritita Sharma,Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 498A and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that his daughter who was married to the son of the petitioner herein was tortured and abused by the accused persons including the petitioner herein. Ultimately she was done to death. It is submitted by learned counsel for the petitioner that the petitioner who is a 77 year old father-in-law of the deceased has been falsely implicated in the case. He is separate in residence and mess from his son ie the husband of the deceased. The petitioner is in custody since 18.2.2021 and has no criminal antecedent. Investigation in the case has concluded. It is further submitted by learned counsel for the petitioner that a

Patna High Court CR. MISC. No.50670 of 2021(5) dt.13-04-2022 2/2 supplementary affidavit sworn by the son-in-law of the petitioner has been filed online, however, as the same is not available on record, the main copy of the affidavit is being filed in Court. It has been stated therein that the husband of the deceased surrendered in the learned court below on 2.4.2022. The supplementary affidavit is taken on record.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner being the father-in-law of the deceased, the allegations being general and omnibus in nature, there being no eye witness to the occurrence, the husband of the deceased having surrendered and the petitioner having remained in custody for more than 1 year, the petitioner is directed to be enlarged on bail in connection with Nirmali P.S. Case no. 22 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur, District Supaul.

(Partha Sarthy, J) Spd/- U T