Mithilesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81173 of 2023 Arising Out of PS. Case No.-576 Year-2019 Thana- ARARIA District- Araria ====================================================== Mithilesh Mandal S/O Sadanand Mandal Resident At Village- Baretha, Ward No. 9, Ps. Kasba, Dist. Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 304B, 120B/34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act. As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the daughter of the informant due to non-fulfillment of additional dowry demand. On 20.7.2019, daughter of the informant was taken by her husband by motorcycle. Later on her dead body was recovered on the way to her matrimonial house. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is brother-in-law of the deceased and has been falsely implicated in this case. He has never

Patna High Court CR. MISC. No.81173 of 2023(2) dt.15-12-2023 2/2 demanded any thing from the deceased or her family members. He has no concern with the daily activity of the deceased and her husband and he is living separately. The sole responsibility to take care of wife is upon husband and not against his family members. Husband is already in custody. Petitioner is languishing in judicial custody since 13.8.2023. 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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Araria PS Case No. 576 of 2019. (Sunil Kumar Panwar, J) sushma/- U