Kishore Kumar Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2604 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -MAHILA PS District- KATIHAR ======================================================

1. Kishore Kumar Mandal Son of Ganeshi Mandal Resident of VillageKablasia, P.S. Falka, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Laxmi Kumari wife of Kishore Kumar Mandal Resident of VillageKablasia, P.S. Falka, District- Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned APP for the State. The petitioner seeks bail in connection with Katihar Mahila P. S. Case No. 12 of 2016 registered for the offence under sections 498 (A), 341, 323, 307, 506/34 of the I.P.C. and Section 3/4 of Dowry Prohibition Act.

Allegedly, the informant performed love marriage with the petitioner in the Court and affidavits were also sworn. After three or four months, the petitioner and other family members demanded dowry but due to non fulfillment of dowry, started torturing and assaulted her and in spite of Panchyati, they are adamant and on 21.04.2016, the petitioner and others were trying to kill her by burn but she saved herself any how .

Patna High Court Cr.Misc. No.2604 of 2017 (2) dt.17-02-2017 2/2 Submission is of false implication and no injury report is attached with the F. I. R. The petitioner is not the husband of the informant. She is wife of one Gulsan Mandal and without any fault, this petitioner is suffering in custody since 16.03.2016 and as such the petitioner deserves sympathetic consideration. Learned A.P.P. opposes the prayer for bail.

In the facts and circumstances stated above, the petitioner Kishore Kumar Mandal, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Katihar, in connection with Katihar Mahila P.S.Case No. 12 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Sudha/- U T