Nandi Lal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8870 of 2023 Arising Out of PS. Case No.-640 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== NANDI LAL MANDAL S/O ASHOK MANDAL R/v- Bara Tola, kariho, P.S. and District- Supaul ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RANJITA KUMARI @ RANJEETA DEVI W/O NANDI LAL MANDAL D/O RAVI KAMAT R/v- Brahmpura, P.S.- Fulparas, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP Mr.Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 323, 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Petitioner, who is husband of complainant, is said to have tortured the complainant and ousted her from the matrimonial home in association of his family members over dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor

Patna High Court CR. MISC. No.8870 of 2023(3) dt.17-05-2023 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry. He is ready to settle the matrimonial dispute with the complainant. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with C.R. Case No.640 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

Petitioner is ready to pay Rs.4000.00 (Rupees Four Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

It goes without saying that the aforesaid payment shall be

Patna High Court CR. MISC. No.8870 of 2023(3) dt.17-05-2023 3/3 subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Learned counsel for the complainant/O.P. No.2 is directed to furnish the bank account details of the O.P. No.2. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T