Rajesh Mandal @ Rajesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40029 of 2017 Arising Out of PS.Case No. -558 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Rajesh Mandal @ Rajesh Kumar Mandal S/o Suresh Mandal Resident of village- Khairkhan, P.S.- Forbesganj, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioner seeks regular bail in connection with Forbesganj P.S. Case No. 558 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 313, 328, 304B. 504, 386, 506 and 201 of the Indian Penal Code. Petitioner is husband and allegation against him is of causing dowry death of the deceased.

It has been submitted on behalf of the petitioner that out and out false and concocted case has been lodged and as a matter of fact that deceased complained of stomach pain and due to which she died. It has further been submitted that the deceased died in Punjab and family members of the deceased had participated in the funeral of the deceased but in spite of that this false case has been lodged, which will appear from paragraph 5, 7 and 11 of the case

diary. Petitioner has been in judicial custody since 02.06.2017. Learned counsel for the State opposed the prayer for bail, however, he could not controvert the contents of paragraph 5, 7 and 11 of the case diary.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria, in connection with Forbesganj P.S. Case No. 558 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T