Radhey Shyam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70920 of 2018 Arising Out of PS. Case No.-209 Year-2017 Thana- BHARGAMA District- Araria ====================================================== Radhey Shyam Mandal, S/o Late Nageshwar Mandal, Resident of VillagePaikpar, P.S.- Bhargama, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Gautam For the Opposite Party/s :

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the father of the husband of the victim is languishing in custody since 26.05.2018 in a case registered for the offences punishable under Sections 304(B) and 34 of the I.P.C.

The prosecution case as per the written report of Hari Kishun Mandal, submitted to the S.H.O., Bhargama P.S. is to the effect that the marriage of the daughter of the informant, Fulo Devi was performed with Nitish Kumar Mandal, the son of the petitioner, about 5 years prior to lodging of the present case. Subsequently, further dowry demand of Rs. 1,00,000/- and a motorcycle was made and due to non-fulfillment of the same, torture was inflicted upon the daughter of the informant by the

Patna High Court Cr.Misc. No.70920 of 2018(3) dt.23-01-2019 2/2 petitioner and other in-law family members. Thereafter, on 23.09.2017, the accused persons killed the daughter of the informant by throttling.

Learned counsel for the petitioner submits that the accusation is omnibus and general against the entire in-law family. It is further submitted that the wife of the petitioner namely, Asha Devi has been granted privilege of regular bail by co-ordinate Bench of this Court vide order dated 10.10.2018 in Cr. Misc. No. 36214 of 2018.

It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the fact that the thrust of accusation is against the husband of the victim, specific accusation of throttling not being corroborated by the postmortem report and the cause of death not being ascertained, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Bhargama P.S. Case No.209 of 2017.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T