Patna High CourtCR. MISC./42/2024bail granted

Shatrudhan Mandal v. The State Of Bihar

2024-01-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42 of 2024 Arising Out of PS. Case No.-75 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== SHATRUDHAN MANDAL Son of Kare Mandal Resident of Village - Pachvira Basa, Ward No.7, P.S. - Alamnagar, District - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Alam Nagar Ratwara P.S. case No. 75 of 2021 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. Prosecution story, in short, is that the accused persons including this petitioner are alleged to have murdered the daughter of the informant due to non-fulfillment of demand of motorcycle and money as dowry. Moreover, the marriage of the daughter of the informant was solemnized 10 years ago.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.06.2022 and has no criminal antecedent. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.42 of 2024(2) dt.19-01-2024 2/3 present case. The petitioner has never demanded any dowry or tortured the deceased. The petitioner is the father-in-law of the deceased and he never interfered with the life of his son and daughter-in-law (deceased). The husband of the deceased is already in custody. Learned counsel further submitted that, during the trial, prosecution witnesses have not supported the prosecution case, and in fact, stated that the deceased lived happily with her husband and deceased died accidentally due to electric shock.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Alam Nagar Ratwara P.S. case No. 75 of 2021, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.42 of 2024(2) dt.19-01-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U