Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57182 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Chandan Mandal, Son of Late Bhim Mandal, Resident of VillageBhakharpur, P.S.- Pirpainty, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv. For the Opposite Party/s : Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Pirpainty (Bhakharpur) P.S. Case No. 41/2017, registered for the offence punishable under Section 304B and 34 of the Indian Penal Code.

Informant alleged that petitioner (husband of the deceased) and his family members strangulated his daughter to death on account of non-fulfillment of demand of dowry. In the post-mortem report strangulation is ruled out. Informant also subsequently realized that he instituted case on the basis of wrong information and his daughter committed suicide and married his second daughter with petitioner.

It has been submitted that petitioner has falsely been implicated in this case. The deceased committed suicide. Petitioner has no criminal antecedent. He is in custody

Patna High Court Cr.Misc. No.57182 of 2018 (3) dt.08-10-2018 2/2 since 10.07.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 11th, Bhagalpur in connection with Pirpainty (Bhakharpur) P.S. Case No. 41/2017, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T