Sushil Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53260 of 2016 Arising Out of PS.Case No. -211 Year- 2015 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Sushil Kumar, S/o Chandeshwar Mandal,

2. Sangita Devi, D/o Chandeshwar Mandal, Both are resident of VillageItahari, P.S.- Kishanpur, District- Supaul.

3. Jagdish Mandal S/o Khushilal Mandal a resident of Village- Mohanpur, P.S. Marona, District- Supaul.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kishanpur P.S. Case no. 211 of 2015 registered under Section 304(B)/34 of the Indian Penal Code.

The accusation is that the marriage of the Nitu Devi, sister of the informant, was performed with Shankar Mandal, son of Chandeshwar Mandal of village Itahari, P.S. Kishanpur, DistrictSupaul in the year 2008 and due to the wedlock two sons were born, but she was being tortured by her husband and other in-laws due to demand of she buffalo and cash of Rs. 50,000/- as dowry regarding which Supaul P.S. Case No. 53 of 2014 was instituted, but the case was compromised. In the meantime, Shankar Mandal performed his

Patna High Court Cr.Misc. No.53260 of 2016 (2) dt.08-12-2016 2/2 second marriage. On 27.12.2015, he received information that his sister has been killed by her in-laws, then he went to her sasural and then he came to know that his sister has been killed by her husband and other in-laws.

Learned counsel for the petitioners submits that petitioners are Dever, Nanad and father-in-law of the deceased and they have falsely been implicated in this case mere on suspicion. Further submission is that husband and mother-in-law of the deceased have been apprehended by the Police and they are in custody. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.IV, Supaul in connection with Kishanpur P.S. Case No.211 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T