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Patna High CourtCR. MISC./24343/2019disposed

Devan Mandal v. The State Of Bihar

2019-07-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24343 of 2019 Arising Out of PS. Case No.-478 Year-2018 Thana- COMPLAINT CASE District- Supaul ====================================================== DEVAN MANDAL Son of Late Panchu Mandal Resident of Village - Auraha Bhairopatti, ward No. 6 Panchayat Kaharwa, P.S.- Triveniganj, District - Supaul ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Anita Devi Wife of Deven Mandal Resident of Village - Ratauli, Tola Lalmaniyan ward No. 6, P.S.- Popara, District - Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-07-2019 Heard the learned counsel for the petitioner and learned APP.

2. The petitioner apprehends his arrest for the alleged offences under Sections 323, 324, 307,379, 498, 506 of the Indian Penal Code and Section 3 and 4 of the D.P. Act registered in connection with Complaint Case No. 478 of 2018.

3. It is submitted that the petitioner has been falsely implicated and this is the first complaint of its nature since the petitioner and the complainant were married about 17 years ago. The petitioner reiterates his readiness to keep the complainant with due dignity and honour and submits that it is the complainant who is not willing to live with him. It is submitted that after 17 years of marriage the accusation of demand for dowry is highly improbable. The petitioner claims clean antecedents.

4. Despite valid service of notice, none appears on behalf of the complainant-OP No. 2.

Patna High Court CR. MISC. No.24343 of 2019(3) dt.22-07-2019 2/2

5. Learned counsel for the petitioner submits that owing to extenuating circumstances the petitioner could not surrender and furnish bail bonds within the stipulated time pursuant to grant of provisional bail by order dated 19.04.2019.

6. In that view of the matter, the provisional bail granted to the petitioner by order dated 19.04.2019 pending in the Court of ACJM III, Supaul in connection with Complaint Case No. 478 of 2018 is hereby confirmed. The time granted for surrender and furnishing bail bond before the learned Court below is extended by four weeks from today.

(Vikash Jain, J) Chandran/- U T