Pramod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72617 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== 1.

PRAMOD MANDAL Son of Jugeshwar Mandal @ Jageshwar Mandal Resident of village - Mehath, P.S.- Bhairab Asthan, District - Madhubani 2.

Pankaj Mandal Son of Jugeshwar Mandal @ Jageshwar Mandal Resident of village - Mehath, P.S.- Bhairab Asthan, District - Madhubani 3.

Jugeshwar Mandal @ Jageshwar Mandal Son of Late Shri Mandal Resident of village - Mehath, P.S.- Bhairab Asthan, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code .

As per allegation in the FIR, deceased is wedded wife of the petitioner no. 1 and allegedly petitioners in connivance with his other family members used to torture the deceased mentally and physically and ultimately on 4.8.2022 she was being killed in her matrimonial house by the accused persons including the petitioners and they have also performed last rites without informing her family members.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.72617 of 2022(5) dt.20-06-2023 2/2 petitioners have been falsely implicated in this case. Marriage of the deceased took place with the petitioner no. 1 before 18 years and out of the said wedlock there are three children. There is no prior complain regarding torture or harassment made by the petitioners. In fact, deceased died due to snake bite. Apart from this, a compromise petition has also been filed in the court of learned ACJM 1st, Jhanjharpur and the same is also brought on record as Annexure-2 to this petition. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 5.8.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, Jhanjharpur in connection with Bhairab Asthan P.S. Case No. 144 of 2022.

(Sunil Kumar Panwar, J) sushma/- U