Sakaldeep Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82920 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- SANHAULA District- Bhagalpur ====================================================== Sakaldeep Mandal S/o Churaman Mandal Resident of Ward No.10, Bishwaspur, mahiawan, PO -Mahiawan, PS- Sanhaula, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Jha, Advocate :
Mr. Pranav Kumar Jha, Advocate For the State :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-12-2024 Heard Mr. Subodh Kumar Jha, learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Sanhaulla P.S. Case No. 61 of 2024 for the offences punishable under Sections 304(b) and 34 of the Indian Penal Code, lodged on 29.04.2024 by the informant, Shiv Kumar Singh.
3. As per the prosecution story, the informant alleged that the daughter (deceased) was married to Sumit Kumar but was tortured for dowry and later got information that she is unconscious and has been taken to Primary Health Centre, upon reaching there it was informed that she was dead. This led to the F.I.R.
Patna High Court CR. MISC. No.82920 of 2024(2) dt.04-12-2024 2/3
4. Learned counsel for the petitioner submits that a case of suicide has been given the colour of murder, in any case, he is father-in-law, living separately and further, the husband of the deceased Sumit Kumar is in custody since 29.04.2024.
5. Learned APP for the State opposes the prayer submitting that the allegation is against all the accused persons.
6. Taking into account the submissions put forward by the parties as also the fact that he is father-in-law, an aged person, living separately, the husband is in custody, F.I.R. lodged, he shall be facing the trial, 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 Additional Chief Judicial Magistrate-XIV, Bhagalpur in connection with Sanhaulla P.S. Case No. 61 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
Patna High Court CR. MISC. No.82920 of 2024(2) dt.04-12-2024 3/3 without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) 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;
(iv) 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) vinayak/- U T