Lal Chand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20938 of 2022 Arising Out of PS. Case No.-2233 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== LAL CHAND MANDAL, Son of Satish Mandal, Resident of village - Nawabganj, Naya Tola, P.O.- Nawabganj, P.S.- Manihari, District - Katihar. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Panti Devi, Wife of Lalchand Mandal Daughter of Bisho Mahaldar, Resident of village - Rahta, P.S.- Falka, District - Katihar. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-04-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 2233 of 2017 registered for the offences under Section 498-A of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is ready to keep the opposite party no.2 with full honour and dignity. A statement to this effect has been made in paragraph no.7 of this bail application.

In such view of the matter, the petitioner is directed

Patna High Court CR. MISC. No.20938 of 2022(2) dt.26-04-2022 2/3 to visit his Sasural and take the opposite party no.2 with him before 11.05.2022 and thereafter both of them will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and mobile number to the opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Complaint Case No. 2233 of 2017 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

After completion of three months, the petitioner and the opposite party no.2 will again appear in the learned Court below. The Court below will verify the conduct of the petitioner and opposite party no. 2 and thereafter take a decision either to confirm the provisional bail of the petitioner or to cancel the same in the facts of the case.

Patna High Court CR. MISC. No.20938 of 2022(2) dt.26-04-2022 3/3 Till filling of the application by both the parties in the Court below, the petitioner shall not be arrested in connection with aforesaid case.

With the aforesaid observations and directions, this bail petition is allowed.

(Sandeep Kumar, J) pawan/- U T