IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27451 of 2019

Arising Out of PS. Case No.-289 Year-2018 Thana- MURLIGANJ District- Madhepura

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RAJ KUMAR MANDAL Son of Deb Narayan Mandal Resident of Village -

Tinkonma, P.S.- Murliganj, Distt - Madhepura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Uday Chand Prasad

For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta

For the informant

:

Mr. Ranjay Kumar Singh

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

ORAL ORDER

6

27-09-2019

Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the informant.

The petitioner seeks bail in a case instituted for the

offences under Sections 498A, 304B, 34 of the Indian Penal

Code and 3 and 4 of D.P. Act.

Allegation against the accused persons is of

committing torture and thereafter caused death of the victim

due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that

the petitioner is in custody since 21.12.2018 and has got no

criminal antecedent. There is no allegation of tampering of

witnesses alleged against the petitioner. Charge-sheet has been

submitted in the present case. The petitioner has falsely been

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implicated in the present case. Witnesses in paragraphs 37, 38

and 39 of the Case Diary have stated that the deceased is said to

have commited suicide. Hence, no offence under Section 304B

IPC is made out. At best, it is a case for an offence under

Section 306 IPC.

On behalf of the State and the informant, it is

submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances,

it is directed that 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

learned Chief Judicial Magistrate, Madhepura in connection

with Murliganj P.S. Case No. 289 of 2018.

Pankaj/-

(Sudhir Singh, J)

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