Patna High CourtCR. MISC./26793/2024bail granted

Santosh Mahaldar v. The State Of Bihar

2025-03-20Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26793 of 2024 Arising Out of PS. Case No.-594 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Santosh Mahaldar son of Nandlal Mahaldar Resident of Village- Rajbeli, P.S.- Dagarua, Dist.- Purnea, Bihar ... ... Petitioner/s

Versus

The State of Bihar 2.

Jubli Devi Wife of Ajab Lal Mahaldar R/o Village- Sarochiya, Ward No.-05, P.S.- Kasba, Dist.- Purnea, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, A.P.P.

Mr. Md. Fazle Karim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'M').

2. Heard learned counsel for the petitioner, the State and the opposite party no.2.

3. The petitioner, who is husband of daughter of opposite party no.2, apprehends arrest in a case registered for the offence punishable under section 498A of the Indian Penal Code.

4. Prosecution case in brief is that daughter of opposite party no.2 was married with the petitioner in 2012. After marriage, this petitioner along with other accused persons demanded Rs. 2 lacs cash in dowry and on non-fulfillment of the same they used to assault and torture her. Lastly, accused persons ousted opposite party no.2 from her matrimonial house.

Patna High Court CR. MISC. No.26793 of 2024(5) dt.20-03-2025 2/3

5. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of daughter of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.

6. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of her daughter, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry and also ousted her to her parents' house. It is further submitted that victim Rita Devi has two children out of the wedlock and she has no means of livelihood and is on the verge of starvation.

7. In view of the undertaking of learned counsel for the petitioner as well as condition of the victim, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Complaint Case No. 594/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- (i) Rita Devi, daughter of opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the

Patna High Court CR. MISC. No.26793 of 2024(5) dt.20-03-2025 3/3 petitioner.

(ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of Rita Devi, daughter of opposite party no.2.

(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond. (iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) shashi/- U T