Kamal Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56908 of 2018 Arising Out of PS. Case No.-32 Year-2017 Thana- KAJRA District- Lakhisarai ======================================================

1. Kamal Mandal Son of Chandi Mandal

2. Snehlata Wife of Kamal Mandal Both resident of Village - Banshipur Arma, P.S. Kajra, District Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 120B/34 of the Indian Penal Code as well as Sections 4/5 of the Immoral Traffic Prevention Act, 1956 and Sections 3⁄4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The main allegation is against the husband for

Patna High Court Cr.Misc. No.56908 of 2018(2) dt.12-09-2018 2/2 committing an offence under the Immoral Traffic (Prevention) Act, 1956. The petitioners are separate in mess and property from the husband of the informant. The petitioners are Bhainsur and Gotani of the informant. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Kajra P.S. case No.32 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T