Rudal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28452 of 2019 Arising Out of PS. Case No.-1613 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== RUDAL MANDAL S/o Late Mahesh Mandal Resident of VillageKhawaspur, P.S.- Ekchari, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Putul Devi D/o Late Basudeo Mandal Resident of Village- Rasidpur, P.O.- Champanagar, P.S.- Nathnagar, District- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.1613 of 2016 registered under Section 498(A) and other Sections of the Indian Penal Code.

The learned counsel for the petitioner submits that the marriage of the petitioner was solemnised with the complainant in the year 2006 but the complainant later on deserted the petitioner and she was not willing to restore conjugal relation with the petitioner. Consequently, the petitioner filed a petition under Section 9 of Hindu Marriage Act being Marriage Case No.355 of 2015 for restitution of conjugal rights. When the complainant received the notice, the complainant filed this case

Patna High Court CR. MISC. No.28452 of 2019(2) dt.30-04-2019 2/2 in the year 2016 making allegation of demand of dowry and torture.

Taking into consideration the fact that prior to institution of the present complaint case by the wife of the petitioner, the petitioner filed Marriage Case No.355 of 2015 for restitution of conjugal rights, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Bhagalpur in connection with Complaint Case No.1613 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T