Jai Prakas Mandal @ Prakash Mandal And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39025 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -RANIGANJ District- ARRARIA ======================================================

1. Jai Prakas Mandal @ Prakash Mandal S/o Late Yoganand Mandal

2. Nibha Devi @ Nibho Devi W/o Prakash Mandal Both Resident of Village Nagrahi, P.S. Raniganj, District Araria. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-02-2016 Heard the counsel for the petitioner and Mr. M. Dayal, APP for the State.

Petitioners herein seek anticipatory bail in Raniganj P.S. Case No. 85 of 2015 under Section 304 (B)/34 of Indian Penal Code.

The petitioners are brother-in-law (Bhaisur) as well as sister-in-law (Gotni) of the deceased. Within two years of marriage of the daughter of the informant with the brother of petitioner no. 1, she was done to death in the mysterious circumstances while she living in Sasural. Allegation is that the accused persons tortured her for dowry and committed her death. Contention of the petitioner is that they live separately and they have no concern with the affairs of deceased and her husband. Husband of the deceased is in custody. On the

Patna High Court Cr.Misc. No.39025 of 2015 (3) dt.23-02-2016 2/2 relevant date and time, they were not in the village. The APP appearing for the State opposing the prayer submits that they have been cited as accuseds in the FIR. Presumption is in law is against the petitioners. Considering the seriousness of the allegation and the presumption of having committed the offence, this court is not inclined to extend the privilege of anticipatory bail. Petitioners should be well advised to surrender and seek regular bail.

The application is disposed of.

(Kishore Kumar Mandal, J) rohit/- U T