Jeevan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59862 of 2021 Arising Out of PS. Case No.-163 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Pappu Mandal S/O Late Puna Mandal R/O Village-Ram Nagar Mankatha, P.S. And District-Lakhisarai.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 71335 of 2021 Arising Out of PS. Case No.-163 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Jeevan Mandal, Son of Pappu Mandal Resident of village - Ram Nagar Mankatha, P.S. - Amahara- Lakhisarai, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 59862 of 2021) For the Petitioner/s :
Mr.Mukesh Kumar, Adv.
For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 71335 of 2021) For the Petitioner/s :
Mr.Mukesh Kumar, Adv For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2022 Heard learned counsel for the parties.
Let the defect(s), if any, be removed within four weeks.
The petitioner in Cr. Misc. No.59862/2021, namely Pappu Mandal is the father of the petitioner Jeevan Mandal in Cr. Misc. No.71335/2021.
Both the petitioners are in judicial custody in
Patna High Court CR. MISC. No.59862 of 2021(3) dt.19-05-2022 2/3 connection with Rail Kiul P.S. Case No.163 of 2019 instituted under Sections 302, 120(B), 498(A), 201 of the Indian Penal Code.
As per the prosecution story, the marriage of the daughter was solemnized with accused Jeevan Mandal in the year 2012 according to Hindu rites and from the conjugal life, two female child were born. Thereafter, it is alleged that the accused persons started demanding dowry of Rs.1,00,000/- and on denial started torturing her daughter, which resulted in filing of Complaint Case No.184(C) of 2016 against the family members.
So far as the petitioner no.1 is concerned, he being the father-in-law of the deceased, is an aged person, is in jail since 19.01.2021, this Court is inclined to grant him privilege of bail. So far as the petitioner Jeevan Mandal in Cr. Misc. No.71335 of 2021 is concerned, he being the husband and as pointed by learned APP that he is alleged to have illicit relationship with the village women which was objected by the deceased and which has come during the course of the investigation. This Court is not inclined to grant any relief him and the bail application of accused-petitioner Jeevan Mandal in Cr. Misc. No.71335 of 2021 is hereby rejected.
Patna High Court CR. MISC. No.59862 of 2021(3) dt.19-05-2022 3/3 Let the petitioner, namely Pappu Mandal ( Cr. Misc. No.59862/2021) be released on bail on furnishing bail bond of Rs.15,000/-(fifteen thousand) with two sureties of the like amount each in connection with Rail Kiul P.S. Case No.163 of 2019 to the satisfaction of learned Railway Judicial Magistrate, Kiul, subject to following conditions:
(i) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;
(ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
While the bail application of accused-petitioner Pappu Mandal in Cr. Misc. No.59862/2021 is allowed, the bail application of accused-petitioner Jeevan Mandal (Cr. Misc. No.71335/2021) is dismissed.
(Rajiv Roy, J) Prakash Narayan /- U T