Mithilesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43037 of 2015 Arising out of PS.Case No. -200 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Mithilesh Mandal, Son of Mahendra Mandal, resident of Mohalla - Goshala Road Ward No. 7, P.S. - Madhubani Town, District - Madhubani. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 20.05.2015 in connection with Madhubani Town P.S. Case No. 200 of 2015 for the offences instituted under Sections 304(B)/34 of the IPC. The prosecution story, in brief, is that on 19.05.2015 at about 6.00 A.M., the informant was informed at his mobile that his daughter Khushbu Devi is indisposed (not well) and this information was conveyed to him by Mahendra Mandal after getting this information, he reached at his daughter's place alongwith Yogendra Mandal and saw the dead body of his daughter lying at the Verandah and entire family members of the
Patna High Court Cr.Misc. No.43037 of 2015 (3) dt.10-11-2015 2/3 deceased are there. It is further alleged that he has performed marriage of his daughter with this petitioner after giving sufficient dowry even then the petitioner family were demanding rest Rs. 50,000/- more. It is further alleged that since his daughter went to his marriage place the petitioner alongwith other co-accused persons started demanding dues Rs. 50,000/- alongwith one motorcycle and this information she being given to him by his daughter and as per information he alongwith other persons came to daughter matrimonial house and tried to pacify the matter but today morning he was informed that his daughter has been killed by the petitioner and others. He has further alleged that there were number of injury on the body. He has further alleged that he has full confidence that the petitioner and others due to dowry killed his daughter and neighbour also knew the incident which elaborated the incident after enquiry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 20.05.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. From perusal of paragraph nos. 7, 8, 9,10 and 19 of the case diary, it is evident that the deceased was on fasting and suddenly her health deteriorated and thereafter she was
Patna High Court Cr.Misc. No.43037 of 2015 (3) dt.10-11-2015 3/3 taken to the hospital where she is said to have died. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani in connection with Madhubani Town P.S. Case No. 200/2015. U.K./- (Sudhir Singh, J) U T