Rajendra Mandal v. Parwati Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28785 of 2021 Arising Out of PS. Case No.-2380 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Rajendra Mandal S/O Late Anuplal Mandal R/O Nungarha, P.S.-KADWA, District-Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Parwati Devi W/O Rajendra Mandal, D/O Bhola Prasad Mandal At Present R/O-Nohari, Post-Sonaili, District-Katihar.

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

For the Petitioner/s :

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

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a complaint case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.28785 of 2021(2) dt.09-02-2022 2/3 The basic accusation is of torture for nonfulfillment of dowry demand and ousting the complainant from her matrimonial house.

It is submitted by learned counsel for the petitioner that the marriage of the petitioner with the complainant was solemnized in the year 2009. It is further submitted that complainant has performed second marriage on 30.10.2020 with one Anil Kumar Mandal, son of Ghanshyam Mandal, resident of VillageNungara, P.S.-Kadwa, District-Katihar and she is presently living with her second husband. The marriage certificate has been brought on record as Annexure-2. Considering the fact that complainant has performed second marriage, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court CR. MISC. No.28785 of 2021(2) dt.09-02-2022 3/3 Judicial Magistrate, Katihar in connection with Complaint Case No. 2380 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The learned Court below is directed to take appropriate steps for cancellation of bail bonds of the petitioner, if the complainant files a petition before learned Court below denying solemnization of second marriage.

(Sunil Kumar Panwar, J) Shageer/- U T