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Patna High CourtCR. MISC./30369/2023allowed

Sanjeet Mandal v. The State Of Bihar

2023-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30369 of 2023 Arising Out of PS. Case No.-214 Year-2016 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Sanjeet Mandal S/O- Late Domi Mandal Village- Durgipatti Ps- Khutauna Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanju Devi wife of Sanjeet Mandal Village- Durgipatti Ps- Khutauna DistMadhubani at present- Vill- Hanuman Nagar Panchayat Siktiyahi PsKhutauna Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 342, 506, 504, 379, 384, 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He submits that the petitioner and opposite party no. 2, both have performed second marriage and

Patna High Court CR. MISC. No.30369 of 2023(3) dt.28-11-2023 2/2 this fact has not been denied by both the parties. The petitioner has 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.

5. In that view of the matter, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with C.R. Case No. 214 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement. (Anjani Kumar Sharan, J) devendra/- U T