Hemant Mandal @ Hemant Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24689 of 2019 Arising Out of PS. Case No.-20 Year-2015 Thana- COMPLAINT CASE District- Araria ====================================================== Hemant Mandal @ Hemant Kumar Mandal aged about 29 years, gender -Male, son of Mayanand Mandal, resident of village- Bhapatia-Khoragach, P.S.- Bardaha (Sikti), District- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Sanjula Devi aged about- 27 years, Gender- Female, daughter of Radhey Choudhary, resident of Pahara Chowk, Ward no.-9, P.S.- Sikti, District- Araria.

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 The petitioner apprehends his arrest in connection with the Complaint case no. 20(C)/2015 in which cognizance under Section 498A of the IPC has been taken. The allegation against the petitioner as per the complaint, is that the marriage of the complainant was solemnized with the petitioner in the year 2008. After sometime the petitioner started torturing the complainant for a sum of Rs. 50,000/- and a buffalo as dowry. It has further been alleged that due to nonfulfillment of said demand the complainant was being tortured by the petitioner physically as well as mentally. Learned counsel for the petitioner submits that the petitioner and the complainant has entered into a compromise outside the Court and they have agreed to live together as husband

Patna High Court CR. MISC. No.24689 of 2019(5) dt.20-09-2019 2/2 and wife.

Learned counsel appearing for the Opposite Party No. 2 accepts the statement made by learned counsel for the petitioner. Having regard to the submissions made by the parties and taking into consideration the fact that both the parties have settled the dispute amicably, I am inclined to grant anticipatory bail to the petitioner, subject to the condition that the petitioner will annex the joint affidavit giving undertaking by the petitioner that he will keep the complainant as his wife with full care and dignity at the time for furnishing bail bond in the court below. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, DistrictAraria, in connection with Complaint Case No. 20(C)/2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U