Prakash Manjhi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.51562 of 2016 (8) dt.03-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51562 of 2016 Arising Out of PS.Case No. -4143 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Prakash Manjhi, S/o Chintamani Manjhi, Resident of Village - Ranipatra, Khakho Tola, P.S. - Sadar (Muffasil), District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Meena Devi, W/o Prakash Manjhi, D/o Bindeshwari Bishwash, Resident of Village - Ranipatra, Khakho Tola, P.S. - Sadar (Muffasil), District - Purnea, at present residing at Village - Kodhali, P.S. - Dagarua, District - Purnea.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 4143 of 2014 registered under Section 498A of the Indian Penal Code.

The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and driving out from her matrimonial house.

Learned counsel for the petitioner submits that in spite of issuing notice to the opposite party no. 2, she did not turn up

Patna High Court Cr.Misc. No.51562 of 2016 (8) dt.03-07-2017 before this Court. Thereafter, on the request of learned counsel for the petitioner, the matter was referred to the Patna High Court Mediation and Conciliation Centre, from where, notice was issued several times but the complainant-opposite party no. 2 did not turn up and ultimately the mediation failed. Further submission is that petitioner is ready to keep his wife, complainant-opposite party no. 2, with full dignity and honour but she is not ready to live with this petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Complaint Case No. 4143 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T