Binod Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27 of 2024 Arising Out of PS. Case No.-567 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== 1.
Binod Mandal Late Kokil Mandal R/o vill- Navtoliya ps-Bhawanipur Bihpur Dist-Bhagalpur 2.
Subodh Mandal @ Ajay Mandal @ Ajay Kumar Mandal Son of Kokil Mandal @ Kokil Mandl R/o vill- Navtoliya ps-Bhawanipur Bihpur DistBhagalpur 3.
Janki Ji @ Janki Devi Wife of Binod Mandal R/o vill- Navtoliya psBhawanipur Bihpur Dist-Bhagalpur 4.
Archanaji @ Archana Devi @ Archanan Kumari Wife of Subodh Mandal R/o vill- Navtoliya ps-Bhawanipur Bihpur Dist-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ved Prakash Chandan, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-01-2024 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Bihpur (Bhawnipur) P.S. Case No. 567/2023 for the offence registered under sections 302, 120(B) and 201 of the Indian Penal Code lodged on 12.09.2023 by the informant Balram Kumar Rai.
3. As per the prosecution story, the informant has alleged that his niece was married to Pramod Mandal but got information that she has been killed for dowry. Accordingly, the
Patna High Court CR. MISC. No.27 of 2024(2) dt.19-01-2024 2/3 FIR.
4. Learned Counsel for the petitioner submits that though the petitioners are father-in-law, mother-in-law, sister-inlaw and brother-in-law, Pramod Mandal (husband) is not before this Court, they are living separately and do not have any role to play in the matter.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Taking into account the fact that the petitioners are family members of Pramod Mandal, who was husband of the deceased, they do not have criminal antecedent, FIR lodged and ultimately will face the trial, this Court is inclined to grant them privilege of bail.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st Naugachia, Bhagalpurin connection with Bihpur (Bhawnipur) P.S. Case No. 567/2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.27 of 2024(2) dt.19-01-2024 3/3 the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;
(iii) the petitioners shall in no 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 petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (Rajiv Roy, J) Jagdish/- U T