Lalit Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49977 of 2015 Arising Out of PS.Case No. -302 Year- 2013 Thana -BAHERI District- DARBHANGA ====================================================== Lalit Mandal Son of Sri Narayan Mandal, .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sobha Devi, Wife of Sri Lalit Mandal, Daughter of Sri Sukal Mandal, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in case registered for the offences punishable under Sections 341, 323, 498A,313, 307 and 504/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Accusations are of torture for non-fulfillment of the dowry demand, made an attempt to kill the informant and getting her pregnancy terminated.

Though, notices were issued to opposite party no.2 vide order dated 03.11.2015 and it appears from the service report, kept at 'Flag-G", that notices have been validly served on opposite party no.2 but none is appearing on behalf of opposite party no.2. Learned counsel for the petitioner submits that both the petitioner and the informant have entered into compromise by

Patna High Court Cr.Misc. No.49977 of 2015 (3) dt.28-03-2016 2/2 filing a compromise petition before the learned court below. The certified copy of the said compromise petition has been produced before this Court. Let the same be kept on record. The said compromise petition reflects that the petitioner and the informant are residing together and matrimonial harmony has been restored.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for four months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga, in connection with Baheri P.S. Case No.302/2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below on verifying the genuineness of the compromise petition filed by the parties before the learned court below.

(Dinesh Kumar Singh, J) Ashwini/- U T