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Patna High CourtCR. MISC./31321/2020disposed

Raju Mandal @ Raghvan Mandal v. The State Of Bihar

2021-02-22Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 31321 of 2020 Arising Out of PS. Case No.-180 Year-2019 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== RAJU MANDAL @ RAGHVAN MANDAL S/o Late Baleshwar Mandal Resident of Village-Madhaula Adarsh Nagar, Lane No.1, P.S-Sadar Muzaffarpur, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Puja Devi D/o Bateshwar Singh Resident of Village-Jalalpur, P.S.-Lalganj, District-Vaishali.

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

For the Petitioner/s :

Mr Santosh Kumar, Advocate For the S t a t e :

Mr Ajay Kr No 2, APP For the Complainant :

Mr Shyameshwar Kr Singh, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner, complainant and the learned APP for the State.

Petitioner apprehends arrest in connection with Complaint Case No C1 - 180 of 2019 (TR No 2660 of 2019) instituted for the offence punishable under Section 498A/34 of Indian Penal Code and Section 4 of Dowry Prohibition Act. The petitioner, in compliance of earlier order dated 25.01.2021, has, admittedly deposited an amount of Rs 50,000/-. the issue is arising out of matrimonial dispute. The parties are in agreement that they will endeavour to resolve the issue amicably.

Patna High Court CR. MISC. No.31321 of 2020(6) dt.22-02-2021 2/2 The petitioner, in the circumstances, may surrender before the Court below within six weeks from today. If the petitioner surrenders in the Court of Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No C1 - 180 of 2019 (TR No 2660 of 2019), he may be allowed the benefit of provisional bail for a period of three months so that an amicable resolution of the dispute is arrived at, where after the Court below may confirm the provisional bail.

In the event, issue is not resolved between the petitioner and complainant within three months' period, it is needless to say that the Court below would be at liberty to exercise its judicial discretion to pass orders in the matter, which include cancellation of bail.

It is expected that at the time of surrender for availing the benefit of provisional bail, the petitioner would make a further deposit of Rs 50,000/-.

This application stands disposed of in the above noted terms.

(Madhuresh Prasad, J) M.E.H./- U T