Patna High CourtCR. MISC./25312/2016disposed

Pankaj Kumar Mandal @ Pankaj Kumar Modi v. The State Of Bihar

2016-06-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25312 of 2016 Arising Out of PS.Case No. -111 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Pankaj Kumar Mandal @ Pankaj Kumar Modi Son of Jichho Mandal .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 323, 341, 379, 354B, 504 and 506 of the Indian Penal Code. Prosecution case is that the informant being wife of the petitioner filed Maintenance Case No.161/2014 before the Family Court, Bhagalpur, claiming that on 10.03.2016 when the informant was present in the Court for appearance in the maintenance case then the petitioner made assault on her head with a bamboo, misbehaved and threatened to face dire consequences. It is also alleged that the petitioner took away gold chain from the informant.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.25312 of 2016 (2) dt.22-06-2016 2/2 that the petitioner at earlier point of time filed Matrimonial Suit No.432/2014, for restitution of conjugal rights and he came to the Court to appear in matrimonial suit, hence, maliciously the accusation has been levelled. The injury has been found to be superficial and simple in nature.

Considering the accusation being levelled in the background of matrimonial dispute, it is a case for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Kotwali (Adampur) P.S. Case No.111/2016, pending before the learned CJM, Bhagalpur. With the above observation, this application is, accordingly, disposed off.

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