Ram Pravesh Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38597 of 2014 Arising Out of PS.Case No. -407 Year- 2012 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Ram Pravesh Mandal, son of Ram Kumar Mandal, resident of village Belahi (East), P.O. Parwa, P.S. Jay Nagar, district Madhubani .... Petitioner

Versus

1. The State of Bihar

2. Mamta Kumari Devi, wife of Ram Pravesh Mandal, resident of village Belahi (East), P.O. Parwa, P.S. Jay Nagar, district Madhubani at present Mamta Kumari Devi, daughter of late Moti Lal Mandal, resident of village Nowa Khor Prasahi-2, P.S. Suganikas, district Dhanusha (Nepal) .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No 13, Adv.

For the Opposite Party : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 498A, 341 and 323 of the Penal Code.

There is allegation of assault and attempt to kill the victim by sprinkling kerosene oil. The learned counsel for the petitioner, however, contends that the petitioner is ready to keep the victim with due dignity. He has, further, stated in his petition that the victim is not ready to live with the petitioner being short temper.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender,

Patna High Court Cr.Misc. No.38597 of 2014 (3) dt.20-04-2015 2/2 within four weeks from the date of receipt of this order, is directed to be released on provisional anticipatory bail for four months on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the C.R. No. 407 of 2012 to the satisfaction of the Subdivisional Judicial Magistrate, Madhubani, subject to the condition that either the petitioner will keep the victim-wife with due dignity or if, for any reason, the victim-wife is not ready to live with the petitioner, then, the petitioner shall pay Rs.1200/- per month as maintenance till higher amount decided by the competent Court and breach of any of the conditions shall be a ground for cancellation of the bail bond of the petitioner by the lower Court, itself.

After four months, the Court below, on being satisfied that the petitioner is keeping his victim-wife with full dignity, shall confirm the provisional anticipatory bail.

(Gopal Prasad, J) SA/- U √ T √