Gautam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60132 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Gautam Mandal Son of Rameshwar Mandal R/o- Farka, P.S.- Sabaur, Dist.- Bhagalpur.

2.

Krishna Kumari Wife of Gautam Mandal R/o- Farka, P.S.- Sabaur, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498(A), 379/34 and 307 of the Indian Penal Code.

Petitioners, who are father-in-law and mother-in-law of the complainant is said to have ousted the complainant from her matrimonial home in association of her family member over the dowry demand.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.60132 of 2022(2) dt.01-12-2022 2/3 petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that petitioner no.1 is father-in-law and petitioner no.2 is mother-in-law of the informant and it appears from the F.I.R. that there is general and omnibus allegation against the petitioners. He further submits that there is specific allegation of abuse against the husband of the informant and they have no concern at all with the family affairs of the informant.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks, be released on anticipatory 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 Court below where the case is pending in connection with Sabaur P.S. Case No. 254 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-

1. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically

Patna High Court CR. MISC. No.60132 of 2022(2) dt.01-12-2022 3/3 present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

2. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T