Manoj Kumar Poddar @ Manoj Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr. Misc. No. 22193 of 2020 ====================================================== Manoj Kumar Poddar @ Manoj Poddar, S/o Yogendra Poddar, resident of village-Mathura, Post-Sahebganj, P.S.-Belhar, District-Banka. ... ... Petitioner

Versus

The State of Bihar .. ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bhola Prasad, Advocate For the Respondent State:

Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-08-2020 Heard Mr. Bhola Prasad, learned counsel appearing on behalf of the petitioner and Mr. Ram Naresh Roy, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of anticipatory bail arises out of Bhagalpur Mahila P.S. Case No. 5 of 2020, registered for the offence punishable under Sections 323, 341, 354, 498(A), 504, 506/34 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (Daain) Practices Act and Section 3/4 of the Dowry Prohibition Act.

The petitioner is brother of the informant's husband. All family members and relatives of the husband of the informant have been named in the F.I.R. with the allegation of dowry demand, physical and mental torture.

It is urged that the husband of the informant has filed

a divorce suit and filing of the present criminal case is malicious.

On perusal of the F.I.R., it appears that there is matrimonial discord between the informant and her husband. Considering the fact asserted in the F.I.R., a case for grant of anticipatory bail is made out, the petitioner being near relative of the informant's husband.

This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 learned S.D.J.M., Bhagalpur, in Bhagalpur Mahila P.S. Case No. 5 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

It is indicated that defect, if any, shall be removed within two months.

Since there is a lock down, the Court has considered it

appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T