Sajjan Kumar Mandal @ Sajan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19356 of 2019 Arising Out of PS. Case No.-105 Year-2017 Thana- LAUKAHI District- Madhubani ====================================================== Sajjan Kumar Mandal @ Sajan Kumar Mandal Son of Late Bholi Mandal Resident of Village- Jhitaki, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Jha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Laukahi P.S. Case No.105 of 2017, for the offence punishable under Sections 341, 323, 498A, 494, 504, 34 of the Indian Penal Code.

The allegation against the petitioner as per the First Information Report is that petitioner was married to the informant about four years back and as per the allegation, the informant stayed in her matrimonial house for some time but after some time, the petitioner along with other family members started demanding motorcycle and Rs.50,000/- from the informant and her family members and due to non-fulfillment of

Patna High Court CR. MISC. No.19356 of 2019(6) dt.16-10-2019 2/3 the demand, the petitioner along with other accused persons assaulted the informant and ousted from her matrimonial home. Learned counsel for the petitioner submits that petitioner is husband of the informant and has falsely been implicated in this case with oblique motive. Learned counsel further submits that the allegation of demand of dowry against the petitioner and his family members is general and omnibus in nature and petitioner is ready and willing to keep the informant as his wife, as stated by him in para 13 of this application. Learned counsel further submits that despite notice having been issued and received by Opposite Party No.2, i.e., informant, she did not appear before this Court.

Having regard to the submissions made by the parties and taking into consideration the fact that the allegation against the petitioner is general and omnibus in nature and despite service of notice, informant chose not to appear before this Court, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.19356 of 2019(6) dt.16-10-2019 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur (Madhubani), subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T