Babulal Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60843 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- Bharatkhand District- Khagaria ====================================================== Babulal Mandal S/o- Late Binodi Mandal Vill- Bharatkhand Ps- Bharatkhand dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bharat Bhushan, Advocate Mr. Parmatma Singh, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2024 Heard Mr. Bharat Bhushan, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Bharatkhand P.S. Case No. 14 of 2024 for the offence under Sections 304(B), 120(B), 201, 504, 506 and 34 of the I.P.C. lodged on 17.04.2024 by the informant, Indu Devi.
3. As per the prosecution story, the informant alleged that her daughter was married to Amit Kumar but was always tortured for dowry. Later, came to knowledge that she has been killed and the dead body was disposed of. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is not the member of the family, being the husband of the Sarpanch, implicated, has no concerned with the family nor any
Patna High Court CR. MISC. No.60843 of 2024(2) dt.11-09-2024 2/3 demand of dowry has been made and he has been dragged in only because of village rivalry.
5. Learned APP opposes the prayer submitting that the informant has named him as one of the accused.
6. Considering the aforesaid facts/submission as also that the demand of dowry is not against the petitioner, as he is not a family member, the FIR has been lodged, in which, he being the husband of the Sarpanch has also been dragged in and he do not have criminal antecedent at present, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Bharatkhand P.S. Case No. 14 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.60843 of 2024(2) dt.11-09-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T