Paras Kumar Mandal @ Gabbar Kumar Mandal @ Gabbar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45297 of 2017 Arising Out of PS. Case No.-437 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Paras Kumar Mandal @ Gabbar Kumar Mandal @ Gabbar son of Rajen Mandal @ Rajendra Mandal, resident of village Chharramari, P.S. Amdabad, District Katihar ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Hina Devi daughter of Kedar Mandal, wife of Paras Kumar Mandal @ Gabbar Kumar Mandal, resident of Chharramari, P.S. Amdabad, Dsitrict Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Cognizance has been taken under Section 498A of the I.P.C. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.45297 of 2017(2) dt.15-09-2017 2/2 petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and learned counsel for the complainant, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. VI, Katihar in connection with Complaint case No.437 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T