Sadanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28864 of 2021 Arising Out of PS. Case No.-114 Year-2019 Thana- DANDKHORA District- Katihar ====================================================== SADANAND MANDAL Son of Mahendra Mandal Resident of Village - Baluganj, P.S. - Dandkhora, District - Katihar. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Chiina Devi D/o Raju Kumar Mandal, R/v-Thakkol, P.O. Ragheli, P.S. Dandkhora, Katihar.

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

For the Petitioner/s :

Mr.Rajesh Kumar Pandey For the Opposite Party/s :

Mr. Sanjeev Kumar Mr. Ram Bilash Roy Raman, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2 though video conferencing.

The petitioner seeks anticipatory bail in connection with Dandkhora P.S. Case No. 114/2019 registered for the offences under Section 498-A and other allied sections of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

At the very outset, learned counsel for the petitioner has offered to pay a maintenance amount of Rs. 5,000/- (Rupees Four Thousand) per month to the opposite party No. 2 which shall be subject to final outcome of the maintenance case. Considered the submission of the parties.

Patna High Court CR. MISC. No.28864 of 2021(3) dt.18-02-2022 2/3 This is a case triable by the magistrate and considering the law laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, the prayer of the petitioner for grant of anticipatory bail is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar, in connection with Dandkhora P.S. Case No. 114/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that if the petitioner fails to give monthly maintenance of Rs. 5,000/- per month till the disposal of the maintenance case from the month of February, 2022 onward to the opposite party No. 2, his bail bond is liable to be cancelled.

The aforesaid maintenance amount shall be transferred by the petitioner in the bank account of opposite party No. 2 by 15th day of each month. Details of the bank account shall be furnished by the opposite party No. 2 to the

Patna High Court CR. MISC. No.28864 of 2021(3) dt.18-02-2022 3/3 petitioner.

It has been submitted jointly by the counsel for the parties that Maintenance Case No. 35 of 2021 has been filed in the Court of Principal Judge, Family Court, Katihar by the opposite party No. 2.

The petitioner shall appear in the maintenance case on 25th of February, 2022 and, thereafter, the Principal Judge, Katihar, will fix the date in the case and hear the case expeditiously and conclude the maintenance case within three months. The maintenance case may proceed ex parte, if either of the parties do not co-operate.

Put up this case after three months for considering the compliance report by Principal Judge, Family Court, Katihar.. With the aforesaid observations and directions, this application is allowed.

(Sandeep Kumar, J) Saif/- U T