Dilip Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42735 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -SURSAND District- SITAMARHI ====================================================== Dilip Mandal son of Bhola Mandal residence of village - Joki Tola Matauna, P.S. - Sursand, District - Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Adv. Mr. Ramakant Singh, Adv.

For the Opposite Party/s : Mr. Murli Dhar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 20.02.2017 in connection with Sursand P.S. Case No. 33 of 2017 Sessions Trial No. 264 of 2017 for offences punishable under Sections 304(B)/201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter was married to the petitioner in the year 2016 and due to non-fulfillment of demand of dowry she was tortured and ultimately killed and body disposed of.

It has been submitted by the learned counsel for the petitioner that he is innocent and he has been falsely implicated

Patna High Court Cr.Misc. No.42735 of 2017 (3) dt.08-11-2017 2/3 only because he is the husband. It is submitted that no such offence has been committed and that the independent witnesses have stated that the petitioner's wife committed suicide as there was some fight when the petitioner had gone to his Sasural and was humiliated by Sasural people. He submits that the said fact has also come in the supervision note and that charge-sheet has already been submitted and trial is yet to begin and he undertakes to cooperate in the trial on day to day basis. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Sessions Judge, Sitamarhi in connection with Sursand P.S. Case No. 33 of 2017 (Sessions Trial No. 264 of 2017), subject to the conditions that:

(1) Both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their

Patna High Court Cr.Misc. No.42735 of 2017 (3) dt.08-11-2017 3/3 relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T