Patna High CourtCR. MISC./49081/2016allowed

Ajit Kumar Mandal v. State Of Bihar And ANR

2017-03-08Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.49081 of 2016 (3) dt.08-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49081 of 2016 Arising Out of PS.Case No. -1845 Year- 2015 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Ajit Kumar Mandal son of Kameshwar Mandal Resident of VillageChakla Maula Nagar, P.S.- Falka (Pothia), District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mamta Devi wife of Ajit Kumar Mandal, Daughter of Bangtu Mandal Resident of Village- Chakla Maula Nagar, P.S.- Falka (Pothia), DistrictKatihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 1845 of 2015, disclosing offences under Sections 498(A) of the Indian Penal Code and 4 of the D.P. Act.

Learned counsel for the petitioner has submitted that the petitioner, happens to be the husband of complainant, is innocent and has not committed any offence in any manner. There is general and omnibus allegation against the petitioner. In fact both the parties have litigating terms since 2015 and an

Patna High Court Cr.Misc. No.49081 of 2016 (3) dt.08-03-2017 F.I.R. being Falka P.S. Case No. 106 of 2015 has been lodged by the petitioner side, which is evident from annexure-2. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Sub- Divisional Judicial Magistrate, Katihar, in connection with complaint Case No. 1845 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T