Jayprakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26634 of 2020 Arising Out of PS. Case No.-69 Year-2019 Thana- MAHILA P.S. District- Madhepura ====================================================== 1.

JAYPRAKASH MANDAL Son of Jaynarayan Mandal 2.

Ramprasad Mandal Son of Late Dorik Mandal Both Resident of Village - Srinagar, P.S.- Ghailadh, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376/504/506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

According to FIR, co-accused Raj Kumar Mandal son of petitioner Ram Prasad Mandal established physical relation with the informant by alluring her for marriage.

Patna High Court CR. MISC. No.26634 of 2020(2) dt.05-11-2020 2/2 Allegation against the petitioners is that they demanded dowry for solemnization of marriage.

Submission is that false implication is there as both were in physical relation with consent and their marriage could not materialized due to difference between the two. Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Madhepura Police Station Case No. 69 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T