Shyam Kishore Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50718 of 2021 Arising Out of PS. Case No.-436 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== SHYAM KISHORE MANDAL, S/o GITA MANDAL, R/o VILLAGERAMNAGAR MANKATHA, P.S-AMAHARA, DISTRICT-LAKHISARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Lakhisarai (Amahara) P.S. Case No. 436 of 2020, instituted for the offences under Sections 147, 148, 307, 498(A) and 302 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. The learned counsel for the petitioner submits that the petitioner is in custody since 09.12.2020, he is a person with clean antecedent, charge-sheet has been submitted and the informant in the FIR alleges that on 27.08.2020 while the informant was cooking food at 6 :00 A.M., when petitioner along with others family members connived and poured kerosene oil on her body and set her on fire, further that she suffered severe burn injury and on scream, her sister, who

Patna High Court CR. MISC. No.50718 of 2021(2) dt.03-02-2022 2/3 resided in the neighbourhood, came and informed her parents about the occurrence. It is alleged that the occurrence took place on account of non-fulfillment of dowry demand of jewellery being demanded by accused persons after marriage. The learned counsel submits that petitioner is the elder brotherin-law of the deceased and the husband is in custody and charges have been framed. The learned counsel further submits that since there were some differences between the deceased and her husband and this petitioner who resides separately did not come in support of the deceased whenever quarrel used to take place between the deceased and her husband, as such, the deceased out of anger gave his name in the FIR with general and omnibus allegations.

Learned A.P.P. vehemently opposes the bail application.

Considering the fact that the petitioner is in custody since 09.12.2020, he is a person with clean antecedent, chargesheet has been submitted in this case, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Lakhisarai, in

Patna High Court CR. MISC. No.50718 of 2021(2) dt.03-02-2022 3/3 connection with Lakhisarai (Amahara) P.S. Case No. 436 of 2020, with a condition that in the event if the petitioner on two consecutive dates does not appear in the trial, the Court below forthwith cancel his bail bond.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T