Gunadhar Mandal @ Gunudhar Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39812 of 2018 Arising Out of PS. Case No.-1110 Year-2014 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Gunadhar Mandal @ Gunudhar Mandal son of Somin Mandal @ Soman Mandal, resident of village Dumarkol, Kumaripur, P.S. Manihari, Dist. Katihar ... ... Petitioner/s
Versus
1. State Of Bihar
2. Babita Mandal D/o Kanhai Mandal, aged about 22 years, resident of village Kalamatiya, Hakimpara, P.S. Itahari, District Uttar Dinajpur (West Bengal) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Chandra Patel For the Opposite Party/s :
Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 498A, 406, 494 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the
Patna High Court Cr.Misc. No.39812 of 2018(2) dt.05-07-2018 2/2 present case due to petty family dispute. The case is triable by the Magistrate. The 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, it is submitted that the petitioner is named in the complaint case/F.I.R. 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 learned S.D.J.M., Katihar in connection with Complaint case No. C-1110 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T