Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1784 of 2017 Arising Out of PS.Case No. -211 Year- 2015 Thana -KISHUNPUR District- SUPAUL ====================================================== Shankar Mandal, S/o Chandeshwar Mandal, a resident of Village- Ithari, P.S.- Kishanpur, District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 10-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kishanpur P.S. Case No.211 of 2015/G.R. No.2227 of 2015 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing the deceased, the sister of the informant, whose marriage was performed with this petitioner in the year 2008, due to non fulfillment of the dowry demand of cash Rs.50,000/- and one she-buffalo.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that due to wedlock of the petitioner and the deceased, the sister of the informant, there are two children, one is aged about 21⁄2 years, whereas second children born

Patna High Court Cr.Misc. No.1784 of 2017 (3) dt.10-02-2017 2/2 before 8 days of the alleged occurrence. In fact, after delivery, the deceased, the wife of the petitioner and the sister of the informant, suffered from severe cold and died but with an ulterior motive, the present case has been lodged. Further submission is that the witnesses, in paragraphs-30, 36, 37 and 39 of the case diary, have also stated about suffering of the deceased by severe cold and that she died due to not providing the proper treatment. Moreover, in the post-mortem examination of the dead body of the deceased, the sister of the informant, no external injury was found on her person. The petitioner being the husband of the deceased, the sister of the informant, is in custody since 28.12.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Supaul, in connection with Kishanpur P.S. Case No.211 of 2015.

(Rajendra Kumar Mishra, J) P.S./- U T