Subodh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8521 of 2015 Arising Out of PS.Case No. -400 Year- 2012 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Subodh Mandal .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Md. Soban Asghar, Advocate. For the Opposite Party : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2015 Heard the learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498(A) of the Indian Penal Code and 3/4 of the D. P. Act.

The accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the complainant has performed second marriage with one Pankaj Kumar Mandal.

Considering the aforesaid facts, let the petitioner, above named, be released on provisional anticipatory bail for six months in the event of

Patna High Court Cr.Misc. No.8521 of 2015 (2) dt.04-03-2015 2 / 2 arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Complaint Case No. T.R. No. 4455 of 2013, arising out of C.R. No. 400 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Let the learned court below issue notice to the complainant and if the complainant admits that she has performed second marriage then provisional bail of the petitioner will be confirmed by the learned court below but if the complainant does not agree and claims to reconcile the issue then the provisional bail of the petitioner will be confirmed if the petitioner accepts the offer of the complainant otherwise the petitioner will surrender and pray for regular bail.

U.K./- (Dinesh Kumar Singh, J) U T