Happu Mandal @ Happu @ Habbu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72128 of 2019 Arising Out of PS. Case No.-141 Year-2016 Thana- BELHAR District- Banka ====================================================== 1.

HAPPU MANDAL @ HAPPU @ HABBU MANDAL Son of Late Ramni Mandal Resident of Village- Kashidih, Police Station- Belhar, DistrictBanka. 2.

Mannu @ Bhanu Mandal @ Mannu Mandal @ Bhannu Mandal @ Abhimanyu Mandal Son of Late Ramni Mandal Resident of VillageKashidih, Police Station- Belhar, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Sections 304 B/34 of the Indian Penal Code.

Informant in his written complaint has stated that his daugther Gunjan Devi was married to Ajay Mandal @ Churo Mandal 5 years before as per Hindu rites and rituals and thereafter she was being tortured for non-fulfillment of demand of dowry and on 19.04.2016 at 10:00 P.M., he came to know that F.I.R. named accused persons have killed her daughter. When the informant reached her daughter's matrimonial home, no one was there and he suspected that she has been killed for

Patna High Court CR. MISC. No.72128 of 2019(2) dt.04-12-2019 2/3 non-fulfillment of demand of dowry.

It is submitted on behalf of petitioners that they are brother-in-law of the deceased and resides separately, there has been separation of mess and business and are not concerned with the affairs of deceased and her husband. The husband is already in jail. They are having no criminal antecedent and are in custody since 01.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Belhar P. S. Case No. 141 of 2016, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.72128 of 2019(2) dt.04-12-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Ranjeet/- U T