Surendra Kumar Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40596 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -MAHILA P.S. District- ARRARIA ====================================================== Surendra Kumar Mandal, son of Late Nandlal Mandal, resident of villageHingna Aurahitola, P.S-Simraha, District-Araria .... .... Petitioner
Versus
1. State of Bihar
2. Nilam Kumari, wife of Surendra Mandal, Resident of village-Aurahi Pashin Kamat Tola,P.S.-Simraha, District-Araria .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Gopal Kumar Jha, Advocate. For the State : Smt. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 24.03.2018 in a case for the offence registered under Sections 498(A), 494 of the IPC and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present
Patna High Court Cr.Misc. No.40596 of 2018 (2) dt.09-07-2018 2/2 case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Mahila P.S. Case No. 5 of 2018 (G.R. No. 157 of 2018).
U.K./Abhijeet (Sudhir Singh, J) U T