Nathuni Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42288 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- SURSAND District- Sitamarhi ====================================================== Nathuni Mandal Late Shital Mandal Resident of village-Bhakhari Ward No.12, PO- Baghari, P.S.-Sursand,District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sursand P.S. Case No. 21 of 2025 instituted for the offence under Sections 80(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that daughter of the informant has been done to death at her matrimonial house by her in-laws due to non-fulfillment of the demand of dowry. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-01-2025. Petitioner

Patna High Court CR. MISC. No.42288 of 2025(2) dt.15-07-2025 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the father-in-law of the deceased. Husband of the deceased is already in custody. There is delay of one day in lodging the FIR. There is no specific allegation attributed to the petitioner, rather allegation is general and omnibus in nature. Petitioner is even separate in mess and property from the husband of the deceased. Postmortem report suggest the cause of death due to asphyxia leading to CR failure as a result of hanging. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.42288 of 2025(2) dt.15-07-2025 3/3 below/concerned Court in connection with Sursand P.S. Case No. 21 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T