Pankaj Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10629 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -BENIPATTI District- MADHUBANI ======================================================
1. Pankaj Mandal S/o Bharat Mandal, resident of Village- Damodarpur, P.S.- Benipatti, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rani Devi W/o Pankaj Mandal, resident of Village- Damodarpur, P.S.- Benipatti, District- Madhubani. at present resident of Village- Pandaul Musahari Tola, P.S.- Pandaul, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2016 Though the matter has been listed under the heading 'For Orders (on office note)' awaiting the report of mediator but since the report of the Mediator is already on record at Flag A, the matter is being taken up on merit.
Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341,323,315,354B,406 and 498A of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.
Patna High Court Cr.Misc. No.10629 of 2016 (3) dt.02-05-2016 2/3 It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and is ready to keep the informant as wife with full dignity and honour though statement to that effect has not been made in the petition. Similar was the stand of the petitioner before the learned court below.
On the joint prayer of the parties, this court vide order dated 3.3.2016 referred the matter to the Mediation and Counciliation Centre of the State Legal Services Authority. The report of the Mediator at Flag A dated 2.5.2016 reflects that the issue has been resolved inasmuch as petitioner decided to keep the informant at Benipatti in a rented house and take her there by 15th May, 2016. There are other conditions stipulated for restoration of the matrimonial harmony.
Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Madhubani, in connection with Benipatti P.S. Case No.108 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Patna High Court Cr.Misc. No.10629 of 2016 (3) dt.02-05-2016 3/3 Let a copy of the order of this court and the report of the Mediator along with terms of agreement between the parties be transmitted to the learned court below.
(Dinesh Kumar Singh, J) Anil/- U T