Mukesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6064 of 2021 Arising Out of PS. Case No.-341 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== MUKESH MANDAL Son of Mahendra Mandal Resident of Village-Raniganj Potary, Ward No.-1, P.S.-Forbesganj, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sugandha Prasad, Adv.

For the Opposite Party/s :

Mr.Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-05-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Forbesganj P.S. Case No.341/2020 registered for the offence punishable under Sections 304(B), 201, 34 of the IPC.

The allegation against the petitioner is that he along with his family members have killed his wife on account of a dispute of money transaction and burnt her deadbody.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has not committed any offence as alleged in the FIR and has been falsely implicated in this case. It is submitted that police has filed chargesheet under section 304(B) and 301/34 of the IPC but no offence is made out against the petitioner under these sections as there is no allegation of

Patna High Court CR. MISC. No.6064 of 2021(3) dt.31-05-2021 2/2 any demand of dowry. Petitioner is the husband of the deceased and entire family members have been made accused in this case. It is submitted that from perusal of the case diary, it is clear that no independent witness has supported the prosecution case but only the family members of deceased has supported the case and the victim died due to cardiac arrest. The petitioner has no criminal antecedent as per para-3 of the bail application and has been languishing in custody since 13.06.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after framing of the charge on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No.341/2020. (Anjani Kumar Sharan, J) pallavi/- U T