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Patna High CourtCR. MISC./62698/2017bail granted

Kailash Mandal v. The State Of Bihar

2018-01-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62698 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Kailash Mandal S/o Late Ramesh Mandal, R/o Village- Bashwari , P.S.+ District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Araria P.S. Case No. 134 of 2016 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

The allegation according to the informant is that his sister was married with the co-accused Bilas Mandal and after the marriage dowry demand used to be regularly made and on account of non-fulfillment of the same, the accused persons killed the sister of the informant by strangulation.

The learned counsel for the petitioner submits that while the Police had submitted charge sheet against rest of the accused persons including the husband, it had submitted a final

Patna High Court Cr.Misc. No.62698 of 2017 (2) dt.05-01-2018 2/2 form against the petitioner herein who happens to be the elder brother of the husband of the victim girl. It is further submitted that the petitioner has got no relation with the alleged occurrence. Considering the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 134 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T