Mantu Mandal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.24916 of 2015 (2) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24916 of 2015 Arising Out of Complaint Case No. -748 Year- 2011 Thana -KHAGARIA COMPALINT CASE District- KHAGARIA ======================================================

1. Mantu Mandal S/o Girbar Mandal @ Garib Das Resident of village - Bishanpur Dudhaila, P.S. Bihpur, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Geeta Devi W/o Mantu Mandal, D/o Ranjeet Mandal Resident of village - Taliya Bathan, P.S. Pasraha, District - Khagaria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Arun Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-07-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the complainant (opposite party no. 2) and apprehends his arrest in connection with Complaint Case No. 748C of 2011 in which cognizance has been taken for the offence punishable under Section 498(A) of the Indian Penal Code.

The contention on behalf of the petitioner is that marriage of petitioner and complainant has already been dissolved

Patna High Court Cr.Misc. No.24916 of 2015 (2) dt.16-07-2015 by the Principal Judge, Family Court, Bhagalpur vide order dated 15.04.2015 passed in Matrimonial (Divorce) Case No. 211 of 2011 on the basis of joint compromise petition filed on behalf of the parties and, therefore, petitioner should be granted privilege of anticipatory bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Sub Divisional Judicial Magistrate, Khagaria in Complaint Case No. 748C of 2011 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T