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Patna High CourtCR. MISC./17037/2021bail granted

Manish Mrinu @ Manish Mrinu Giri v. The State Of Bihar

2022-03-22Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17037 of 2021 Arising Out of PS. Case No.-930 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Manish Mrinu @ Manish Mrinu Giri Son of Sri Amrit Giri Resident of Mohalla - Sarekh Sadan Near Veer Kunwar Singh Colony, P.S. - Hazipur, District - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Durga Mishra Wife of Manish Mrinu @ Manish Mrinu Giri, Daughter of Yudhisthir Mishra Resident of Shree Kunj Apartment, Bose Park, Mahatma Gandhi Road, P.S. - Jogsar (Kotwali), District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein cognizance has been taken for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand and making an attempt to terminate the pregnancy of the complainant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.17037 of 2021(5) dt.22-03-2022 2/3 petitioner that complainant is a quarrelsome lady and she herself does not want to live with the petitioner. The complainant has filed Matrimonial Case No. 55 of 2018 under Section 125 of the Cr.P.C for getting interim maintenance and vide order dated 27.01.2020, the Family Judge, Bhagalpur had directed the petitioner to pay Rs. 12,000/- per month to the complainant as interim maintenance but due to pandemic COVID-19, the petitioner could not obey the order passed by the learned Court below. A supplementary affidavit has been filed on behalf of the petitioner bringing on record the fact that petitioner has already paid the arrears amount of Rs. 1,95,000/- through different bank drafts to the complainant.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Complaint Case No.

Patna High Court CR. MISC. No.17037 of 2021(5) dt.22-03-2022 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T