Mahesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17344 of 2019 Arising Out of PS. Case No.-893 Year-2015 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Mahesh Kumar Mandal, Son of Late Shyam Sundar Mandal Resident of Village- Kukurdaura, P.S.- Andhramath, District- Mdhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sangita Kumari, Wife of Chandabir Kumar, Daughter of Sri Shambhu Prasad Mandal Resident of Village- Kukurdaura, P.S.- Andhramath DistrictMadhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsels for the petitioner and the State.. The petitioner, being the brother of the husband of the complainant is apprehending his arrest in connection with C.R. No.893 of 2015, T.R. No.3454 of 2018, registered for the offences punishable under Sections 323, 498A of the Indian Penal Code. Prosecution case as per the complaint petition that the complainant was married with the brother of the petitioner, Chandrabeer Kumar in 2012 but one year after the marriage, further dowry demand of a motorcycle, a gold chain and ring was made and due to non-fulfillment of same, torture was inflicted upon the complainant by the petitioner and other in-law family members. It is further alleged that on 30.05.2015, co-accused, Chandrabir Kumar inflicted knife blow upon the complainant, when the complainant tried to save herself but she sustained cut injury on

Patna High Court CR. MISC. No.17344 of 2019(2) dt.26-03-2019 2/2 her wrist.

Learned counsel for the petitioner submits that thrust of accusation is against the husband of the complainant and statement has been made in paragraph no.11 of the bail application that there is no injury report on the record to corroborate the allegation. Learned APP submits that there is specific accusation against the husband of the complainant.

Considering the nature of accusation which is not being corroborated by any medical opinion coupled with the fact that the petitioner is not having any criminal antecedent, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.IIIrd, Jhanjharpur, Distt. Madhubani in connection with C.R. No.893 of 2015, T.R. No.3454 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T