Patna High CourtCR. MISC./18583/2017allowed

Heera Lal Mandal v. The State Of Bihar

2017-04-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.18583 of 2017 (2) dt.19-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18583 of 2017 Arising Out of PS.Case No. -205 Year- 2015 Thana -BELDAUR District- KHAGARIA ======================================================

1. Heera Lal Mandal, Son of Phool Chand Mandal, Resident of Village Bharna (Bari), Police Station- Beldaur, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 12.09.2016 in connection with Beldaur P.S. Case No. 205 of 2015/ S.Tr. No. 140 of 2017 registered under sections 306/498A/201/34 of the Indian Penal Code.

The allegation is of torture, abuse and assault by inlaws' family members, due to which, the deceased committed suicide by consuming poison and thereafter, the in-laws' family members disappeared the dead body of the deceased. Learned counsel for the petitioner has submitted that the petitioner, being the husband of the deceased, is innocent and has falsely been implicated in this case. It is also submitted that

Patna High Court Cr.Misc. No.18583 of 2017 (2) dt.19-04-2017 there is no specific allegation against the petitioner in the F.I.R. In fact, earlier the prayer for bail of this petitioner was refused by this Court in Cr. Misc. No. 49987 of 2016 with observation that prayer for bail may be considered after framing of charge. Charges have now been framed in this case and the petitioner is rotting in custody for the last six months.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Khagaria in connection with Beldaur P.S. Case No. 205 of 2016.

(Arvind Srivastava, J) brajesh/- U T