Laxmi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80903 of 2024 Arising Out of PS. Case No.-227 Year-2024 Thana- PIPRA District- Supaul ====================================================== Laxmi Mandal S/O Bhola Mandal R/O Vill- Thumaha, Ward No.- 09, P.S.- Pipra, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-11-2024 Heard Mr. Dhananjay Kumar Tiwary, learned counsel for the petitioner and the State.

2. The petitioner is in judicial custody in connection with Pipra P.S. Case No. 227 of 2024 for the offences punishable under Sections 103, 80, 61(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 lodged on 04.07.2024 by the informant, Reena Devi.

3. As per the prosecution story, the informant's daughter was married to Vikash Mandal but allegation is that she was killed by pressing her neck and the entire family members connived to execute the plan. She was pregnant at the time of her death and was always tortured for dowry.

4. Learned counsel for the petitioner submits that the petitioner is an aged grand father-in-law of the deceased having no affairs with the relationship of the couple, is in custody since

Patna High Court CR. MISC. No.80903 of 2024(3) dt.26-11-2024 2/3 05.07.2024 (para 4 of the petition) having no criminal antecedent. It is his further submission that because the husband is away and has failed to return, he could not surrender and is likely to go into judicial custody.

5. Learned APP for the State opposes the prayer submitting that his name has also come in the FIR.

6. The allegations are there, FIR has been lodged, the petitioner shall be facing the music, is the grand father-in-law, is in custody since 05.07.2024 having no criminal antecedent, this Court is inclined to extend him the privilege of bail.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Pipra P.S. Case No. 227 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.80903 of 2024(3) dt.26-11-2024 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Vijay Singh/- U T