Nawal Kishore Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40548 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- MAHILA P.S. District- Banka ====================================================== Nawal Kishore Mandal Son of Mantokhi Mandal Resident of village - Parariya, P.S.- Banka, Distt.- Banka.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mrs.Sharda Kumari Mr. Sanjeev Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

14-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Banka (Mahila) P.S. Case No. 2 of 2021, registered for the offence under Sections 498-A, 494, 323, 307, 504 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per the F.I.R., after the birth of a female child, petitioner and others started demanding Rs. One Lac and one Hero Honda Motorcycle, as dowry, and due to non-fulfillment of the same, the accused persons assaulted the informant and ousted her from her matrimonial home. The informant has further alleged that after getting the information of second marriage of her husband (son of petitioner), when she went there, she was driven out by her husband and other in-laws members

Patna High Court CR. MISC. No.40548 of 2021(2) dt.14-12-2021 2/2 It is submitted on behalf of petitioner that petitioner is father-in-law of the informant and the thrust of the accusation is against husband of the informant. It is further submitted that earlier also, the informant had filed a complaint case, vide Complaint Case No. 1233 of 2018, against the petitioner and other in-laws members for the same set of accusation. Petitioner is in custody since 17.04.2021.

Learned counsel for the informant has vehemently opposed the bail petition and submitted that specific allegation of committing assault and demand of dowry is against this petitioner.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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, Banka in connection with Banka (Mahila) P.S. Case No. 02 of 2021.

(Prabhat Kumar Singh, J.) anay U T