Sargun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6410 of 2021 Arising Out of PS. Case No.-61 Year-2016 Thana- DHURAIYA District- Banka ====================================================== Sargun Mandal, Age - 55, Male, S/o Siro Mandal R/o Village- Birniya, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Matloob Rab,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

22-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Dhoraiya P.S. Case No. 61 of 2016, registered for the offence under Sections 328, 304, 34 of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith other FIR named accused persons committed the murder of daughter of the informant by giving her poison. It is submitted on behalf of petitioner that petitioner is husband of the deceased and he got married with her (deceased) 25 years ago. There is no eye-witness to the alleged occurrence and petitioner has been falsely implicated in this case only on suspicion. It is further submitted that as a matter of fact, the deceased was woman of simpleton, she always used to demand separation in the family and of short temperament and as a result of which, she committed suicide by consuming poison.

Patna High Court CR. MISC. No.6410 of 2021(3) dt.22-06-2021 2/2 Petitioner is in custody since 21.07.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of deceased and there is direct and specific allegation against him and other co-accused of committing murder of daughter of the informant by giving poison.

Considering the aforesaid facts & circumstances and the fact that petitioner is husband and deceased died in her matrimonial home in an unnatural circumstances, the bail petition of petitioner is rejected.

(Prabhat Kumar Singh, J.) anay U T