Bablu Kumar Mandal @ Bablu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27881 of 2024 Arising Out of PS. Case No.-604 Year-2014 Thana- COMPLAINT CASE District- Araria ====================================================== Bablu Kumar Mandal @ Bablu Ray Son Of Late Ram Sevak Roy Resident Of Village- Dinesh Babu, Fulwari Chowk, Beside Sailoon Shop, Ps- Forbesganj, Dist- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Minakshi Devi @ Babita Daughter Of Sri Jagdish Mandal Resident Of Village- Chitragupt Nagar, Ward No. 21, Ps- Araria, Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2024 Despite valid service of notice, no one appears on behalf of the Opposite Party No. 2.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner apprehends his arrest in connection with Complaint Case No. 604C of 2014 registered under Sections 498A and 323 of the Indian Penal Code.

4. The sum and substance of the allegations made by the complainant is that complainant was married with this petitioner in the year 2005. It is alleged that after marriage, petitioner and others tortured her physically and mentally for demand of dowry. It is also alleged that petitioner tried to set the

Patna High Court CR. MISC. No.27881 of 2024(4) dt.29-08-2024 2/3 complainant on fire at the instigation of his friend.

5. Learned counsel appearing on behalf of the petitioner submits that petitioner happens to be husband of the complainant denies the allegations made in the complaint petition and submits that he never assaulted the complainant nor demanded any dowry. Petitioner is ready to keep the complainant/opposite party no. 2, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a 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.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.

7. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate/Successor Concerned Court, Araria in connection with Complaint Case No. 604C of 2014, subject to the

Patna High Court CR. MISC. No.27881 of 2024(4) dt.29-08-2024 3/3 conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T