Raj Kumar Mandal @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9531 of 2024 Arising Out of PS. Case No.-67 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Raj Kumar Mandal @ Raj Kumar Son of Satrudhan Mandal Resident of Vill.- Devpur, P.S.-Benipatti, Distt.-Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sarita Devi Wife of Raj Kumar Mandal Resident of Vill. and P.O.-Chorout, P.S.-Chorout, Distt.-Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-04-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 504, 341, 323, 380 and 506/34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that her husband, the petitioner herein, along with accused persons started to assault the informant mentally and physically on account of non-fulfillment of demand of dowry and also ousted her from matrimonial house.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9531 of 2024(4) dt.29-04-2025 2/3 petitioner has been falsely implicated in the case. The allegation of demand of dowry and torture is false and concocted. He further submits in paragraph 9 of his petition that he is ready to keep his wife with full dignity and honor.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the opposite party no. 2.
6. At this stage, learned counsel for the petitioner submits that the petitioner makes an offer to pay Rs. 3,000/- to his wife in the second week of every month for her basic requirements. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with C.R. Case No.67 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Benipatti, Dist.- Madhubani, subject to the condition laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.9531 of 2024(4) dt.29-04-2025 3/3 Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the petitioner shall cooperate in the investigation/trial.
8. If the opposite party no. 2 furnishes the Bank account in which the amount can be transferred and yet the petitioner fails to make the aforesaid payment of Rs. 3,000/- on two consecutive dates, the opposite party no. 2 would be at liberty to file cancellation of bail.
sharun/- (Soni Shrivastava, J) U T