Partly allowed

Sudhir Mandal v. The State of Bihar

Patna HC1 Feb 2023CR. MISC./3562/2023

Case brief

AI extract

What is this about?

An anticipatory bail petition under Section 438 Cr.P.C. against two petitioners in a dowry-death case was filed. The High Court held the petition for the first petitioner infructuous due to arrest. The petition for the second petitioner was allowed with conditions.

What did the court decide?

Anticipatory bail granted to Janki Devi upon release in event of arrest or surrender within four weeks, on furnishing bond of Rs.10,000/- with two sureties.

Sudhir Mandal Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3562 of 2023

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Arising Out of PS. Case No.-178 Year-2022 Thana- DHAMDAHA District- Purnia

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======================================================

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SUDHIR MANDAL S/O UDIT MANDAL R/V- BANSHI PURANDAHA, P.S.- DHAMDAHA, DISTRICT- PURNEA

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JANKI DEVI W/O SUDHIR MANDAL R/V- BANSHI PURANDAHA, P.S.- DHAMDAHA, DISTRICT- PURNEA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bijendra Kumar Singh, Adv. For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 01-02-2023

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Heard learned counsel for the petitioners and the

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State.

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The petitioners apprehend their arrest in connection with Dhamdaha P.S. Case No. 178 of 2022 instituted under Sections 304B/34 of the Indian Penal Code.

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As per the prosecution story, the informant alleged that his daughter, Indu Kumari was married to Bam Bam Mandal on 10.2.2022 but was regularly tortured for dowry and on the fateful day, he received information that she has been killed. Accordingly, the FIR was lodged.

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Learned counsel for the petitioners at the outset submit that so far as the petitioner No. 1, Sudhir Mandal is

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Patna High Court CR. MISC. No.3562 of 2023(2) dt.01-02-2023 2/2

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concerned, since he has been arrested, his petition has now become infructuous.

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The same is accordingly dismissed as infructuous.

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So far as the petitioner No. 2, Janki Devi is concerned, she is the mother-in-law, the husband, Bam Bam Mandal has already been arrested as the Cr. Misc. No. 3607 of 2023 filed by him now stands withdrawn, she will cooperate in the investigation, do not have criminal antecedent and will ultimately face the trial, this Court is inclined to grant her privilege of anticipatory bail.

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Let the petitioner be released on bail, in the event of her arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Dhamdaha P.S. Case No. 178 of 2022 to the satisfaction of learned Judicial Magistrate, 1^st Class, Purnea, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Rajiv Roy, J)

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Ajay Singh/-

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U T

Sudhir Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudhir Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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