Roshan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54491 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== 1.

ROSHAN MANDAL S/o- KULANAND MANDAL Village- Kotehpur Ward no-9, Ps- Kursakanta, Dist- Araria 2.

Gultan Mandal son of Kulanand Mandal Village- Kotehpur Ward no-9, PsKursakanta, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 306/34 IPC.

3.

Prosecution case, in short is that informant's deceased daughter got married with co-accused Suraj Mandal and husband of the informant's daughter died one year ago and since then, the F.I.R. named accused persons including the petitioners used to torture the informant's daughter. It is alleged that the daughter of the informant committed suicide due to continuous torture and assaulted by the accused persons. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.54491 of 2023(3) dt.12-12-2023 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. Petitioners are not the family members of in-laws of the deceased rather they are neighbours, which is mentioned at para-10 of the bail petition. It is further submitted that the deceased died due to asphyxia as result of hanging. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since petitioners are not the family of the in-laws of the deceased, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kursakanta P.S. Case No.06 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T