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Patna High CourtCR. MISC./314/2023bail granted

Fakru Mandal @ Rupesh Mandal v. The State Of Bihar

2023-05-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.314 of 2023 Arising Out of PS. Case No.-22 Year-2020 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

FAKRU MANDAL @ RUPESH MANDAL Son of Wakil Mandal R/VPachrukhi, P.S- Shakhund, Dist- Bhagalpur 2.

Komal Kumari @ Komal D/o Wakil Mandal R/V- Pachrukhi, P.SShakhund, Dist- Bhagalpur 3.

Makiya Devi @ Marvo Devi Wife of Wakil Mandal R/V- Pachrukhi, P.SShakhund, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 498(A), 494, 504, 506, 34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

From perusal of the impugned order, it appears that earlier, vide order dated 05.10.2020, petitioners were already granted anticipatory bail by the learned Court below itself, but after more than one and half years since they could not surrender and furnish bail-bonds before the learned Court below, their bail was rejected by the learned Court below. As per F.I.R., there is allegation of torture and harassment against petitioners due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.314 of 2023(3) dt.09-05-2023 2/2 Petitioners happen to be Dewar, Nanad and motherin-law of the informant respectively. There is general and omnibus allegation. Petitioners are separate in mess and property and have got no concern with the affairs of informant and her husband.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in connection with Sahkund P.S. Case No. 22 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T