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Patna High CourtCR. MISC./832/2019dismissed

Bipin Mandal v. State Of Bihar And ANR

2019-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.832 of 2019 Arising Out of PS. Case No.-313 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Bipin Mandal, Son of Late Sanchu Mandal, Resident of Village - Lalganj, P.O. - Dholbajja, P.S. - Rupauli, District - Purnea. ... ... Petitioner/s

Versus

1) State Of Bihar 2) Aamo Devi, Wife of Bipin Mandal, Resident of Village - Lalganj, P.O. - Dholbajja, P.S. - Rupauli, District - Purnea. At present Address:- Daughter of Sri Duta Mandal, Resident of Teliya, Bathan, P.S.- Pasraha, District - Khagaria.

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 313C/2017, disclosing offences under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry of Rs. Fifty thousand.

Submission of learned counsel for the petitioner is that he is still ready to keep the informant with full honour and dignity and the allegation levelled is false and concocted. Heard learned A.P.P. as well as learned counsel for

Patna High Court CR. MISC. No.832 of 2019(4) dt.28-02-2019 2/2 the complainant. Learned counsel for the complainant has submitted that twice the petitioner has ousted the complainant from the house and is not ready to keep the complainant. Having heard both sides, considering the facts and circumstanced and the accusation against the petitioner, I am not inclined to grant him the privilege of anticipatory bail rather he should surrender before the court below and pray for regular bail, which will be disposed of by the court below on the merit of the case, without being prejudiced by the order of this Court. This application is, accordingly, rejected.

(Vinod Kumar Sinha, J) sunilkumar/- U T