Ashrafi Mandal @ Asharfee Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48402 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -KURSELA District- KATIHAR ======================================================

1. Ashrafi Mandal @ Asharfee Mandal Son of Late Chaithu Mandal, Resident of Village - Nashi Diyara Bateshpur, Police Station - Kursela, District - Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s : Mr. Smt. Pushpa Sinha 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kursela P.S. Case No. 43 of 2015 registered for the offences punishable under Sections 304(B), 428/34 of the Indian Penal Code. Khusboo Devi the daughter of the informant was married to Gore Lal Mandal, the son of the petitioner, about 2 and 1⁄2 Years ago and the informant came to know from his elder daughter that Khusboo Devi has been killed by her husband and in-laws.

Submission is that the petitioner is old father-in-law, he has got no concern with the family affairs of the deceased and

Patna High Court Cr.Misc. No.48402 of 2015 (2) dt.03-12-2015 2/2 her husband. There is no allegation for demand of dowry and torture and, as such, the petitioner deserves sympathetic consideration as co-accused Sanjay Mandal, Biran Mandal and Meera Devi have been allowed bail vide order dated 23.07.2015 passed in Criminal Misc. No. 25600 of 2015.

The learned A.P.P. fairly submits that other co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M., III, Katihar arising out of Kursela P.S. Case No. 43 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U