Rambilash Mandal v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7542 of 2019 Arising Out of PS. Case No.-1347 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== RAMBILASH MANDAL, Son of Rajendar Mandal, R/o village- Goagon Zamira, P.S- Baisi, Dist. Purnea ... ... Petitioner

Versus

1.

The State of Bihar 2.

Anita Devi, Wife of Rambilash Mandal D/o Shashi Bhusan Nuniya, Present resident of village- Shikarpur, P.S- Abadpur, Dist. Katihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare For the complainant : Mr. Sanjeev Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1347 of 2018 lodged for the offences punishable under Sections 498A and 323 of the Indian Penal Code.

Allegation against the petitioner is of subjecting the opposite party No.2 to cruelty with respect to demand of Rs.50,000/- and motorcycle.

Submission of learned counsel for the petitioner is that the allegation is false and concocted and he is still ready to keep the opposite party No.2 with him with dignity and care. On the other hand, learned counsel for opposite party No.2 has submitted that she has no objection in residing with the

Patna High Court CR. MISC. No.7542 of 2019(4) dt.02-05-2019 2/2 petitioner if she is allowed to live with dignity and care. Heard learned APP also.

In view of above facts and circumstances, let petitioner surrender before the court below on 22.5.2019, on that day opposite party No.2 shall also remain present in court and on filing of a petition on affidavit by the petitioner that he is ready to keep her with dignity and care and will not torture her, the petitioner will be released on provisional bail for a period of six months and during that period learned court below will watch their conduct and marital status by calling them in first week of every month and once the court is satisfied with their conduct, specially the conduct of the petitioner and their marital status, his bail bond shall be confirmed, otherwise the court may pass any other order(s) as it may deem fit and proper, including cancellation of bail bond of the petitioner.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T