Dhirendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15956 of 2019 Arising Out of PS. Case No.-853 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Dhirendra Mandal, Aged about 38 years, Male, Son of Late Yogendra Mandal, Resident of Village Charaiya, P.S. Bhargama, District Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sulekha Devi, Aged about 30 years, Female, W/O Dhirendra Mandal, D/o Late Yadu Mandal, R/o Village Bagulaha Tola Nagrahi, Post Bagulaha, P.S. Raniganj, District Araria.

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-03-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.853-C of 2017, although wrongly mentioned in the prayer portion of the bail petition as 'Complaint Case No.853C/18', for the offences allegedly committed by the petitioner under Sections 323, 379, 498-A and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the marriage of the petitioner with the complainant was solemnized in the year 2005. The complainant got three children but on account of some petty family dispute, the complainant left the house of the petitioner and lodged the case making false and

Patna High Court CR. MISC. No.15956 of 2019(2) dt.14-03-2019 2/2 concocted story. Petitioner is ready to keep his wife. Taking into consideration the facts that the marriage was solemnized 14 years ago and the petitioner is ready to keep his wife, the petitioner is directed to surrender in the court below within four weeks from the date of receipt of this order and on such, the learned court below shall enlarge the petitioner on provisional bail for four months 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., Araria in connection with Complaint Case No.

853-C of 2017 and thereafter the learned court below shall make efforts for resolution of the dispute between the husband and wife and if the petitioner keeps his wife with all honour and dignity, the provisional bail granted to the petitioner shall be confirmed. If the petitioner fails to keep his wife properly, the learned court below shall dispose of the provisional bail of the petitioner immediately after lapse of four months in accordance with law. (Prabhat Kumar Jha, J) S.