Sawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23832 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== SAWAN MANDAL S/O RAJ KISHORE MANDAL Resident of VillageSarath, P.S.- Rahika, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

SABITA KUMARI W/O SAVAN MANDAL Resident of Village- Saarath, P.S.- Rahika, District- Madhubani.

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 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 on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with C.R. Case No. 126 of 2021 dated 24.02.2021 registered for the offences punishable u/s 32, 379, 498(A), 504, 506 of the Indian Penal Code and 3/4 D.P. Act.

As per the prosecution case, the allegation against the petitioner and co-accused persons is of assaulting the informant

Patna High Court CR. MISC. No.23832 of 2023(3) dt.23-05-2023 2/2 due to non-fulfillment of demand of Rs. 2 lac as dowry and she was ousted from the matrimonial home by them. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the husband of the informant. There is general and omnibus allegation against the petitioner. The petitioner neither demanded dowry nor tortured the informant. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.01.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with C.R. Case No. 126 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T