Pappu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40343 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- TARAPUR District- Munger ====================================================== PAPPU MANDAL, son of Late Gohali Mandal, Resident of Village Dhauni, P.S. Tarapur, District Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhu Prasun For the Opposite Party/s:

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-05-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Tarapur Police Station Case No. 119 of 2020, disclosing offences under Sections 304-B/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the daughter of the informant (since, deceased) was married with co-accused Bajrangi Mandal in the year 2019 and after some time, co-accused Bajrangi Mandal and his family members started demanding dowry and somehow the informant managed Rs. 50,000/- and paid to the accused persons. It has been alleged that on 07.08.2020, the informant got the information that the deceased has been killed by the petitioner

Patna High Court CR. MISC. No.40343 of 2020(3) dt.21-05-2021 2/3 and other accused persons after pressing her neck. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely because he happens to be the elder brother of the husband of the deceased. He next submits that from perusal of the First Information Report, it would be evident that there is no specific demand of dowry from the petitioner and the allegation against him is general and omnibus in nature. He next submits that the petitioner is working and residing in the district of Chapra, whereas the alleged occurrence has taken place in the district of Munger. He next submits that the husband of the deceased is already in judicial custody, the petitioner is in custody since 08.08.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner is the elder brother of the husband of the deceased, there is general and omnibus allegation against him, he is in custody since 08.08.2020 and charge sheet has been submitted against him, I am inclined to grant regular bail to the

Patna High Court CR. MISC. No.40343 of 2020(3) dt.21-05-2021 3/3 petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, 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 4th Additional Chief Judicial Magistrate, Munger, in connection with Tarapur Police Station Case No. 119 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √