Azad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66699 of 2018 Arising Out of PS. Case No.-44 Year-2017 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Azad Mandal Son of Yogi Mandal, Resident of Village-Bariarpur, P.S. Piri Bazar, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Sri Rajendra Prasad Nat (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Piri Bazar P.S. Case No. 44 of 2017 registered for the offences punishable under Sections 304(B) of the Indian Penal Code.

Informant is the father of deceased who in his written complaint has stated that the marriage of his daughter was solemnized with petitioner six years before and thereafter she was being subjected to torture and harassment for dowry and thereafter petitioner and his family members killer her. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. It has been further submitted that

Patna High Court Cr.Misc. No.66699 of 2018(3) dt.14-12-2018 2/2 she committed suicide according to postmortem report also the death is due to asphyxia on account of hanging. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai, in connection with Piri Bazar P.S. Case No. 44 of 2017, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T