Vikash Mandal @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23181 of 2021 Arising Out of PS. Case No.-567 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== VIKASH MANDAL @ VIKASH KUMAR Son of Paro Mandal Resident of Village - Narayanpur Diyara Neba Das Tola, P.S.- Ismilepur and Distt.- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangita Devi W/o Vikash Mandal, D/o Late Pandav Mandal Resident of Village - Narayanpur Diyara Neba Das Tola, P.S.- Ismilepur and Distt.- Bhagalpur., At present Village Chansuri Tola Arajpur, P.S.- Chausa and Distt.- Madhepura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madan Mohan For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-04-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 567/2017 registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

It has been submitted by learned counsel for the petitioner that the allegations are false.

Patna High Court CR. MISC. No.23181 of 2021(5) dt.07-04-2022 2/2 Learned counsel for the opposite party No. 2 submits that he is unable to contact the opposite party No. 2 as she has gone out of the State for earning her livelihood. There are allegations and counter allegations which cannot be decided in this anticipatory bail proceeding. In view of the law laid down by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, the present anticipatory bail application is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Naugachia, Bhagalpur, in connection with Complaint Case No. 567/2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sandeep Kumar, J) Saif/- U T