Chandan Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32633 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA P.S. District- Madhepura ====================================================== CHANDAN MEHTA Son of Late Asarfi Mehta Resident of Village - Hasanpura, Ward No. 05, Police Station - Shankarpur, District - Madhepura. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Manisha Kumari Wife of Chandan Mehta Resident of Karudhar Patori, Ward No. 09, Police Station - Singheshwar, District - Madhepura. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, A.P.P.

For the Informant :

Mr. Ashwani Kr. Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Mahila (Madhepura) P.S. Case No. 18 of 2020 registered for the offence under Section 498A, 341, 323, 494, 504, 379/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Earlier after considering the submissions of learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State, this Court vide it's order dated 27.01.2021 granted provisional release of the petitioner on bail

Patna High Court CR. MISC. No.32633 of 2020(5) dt.24-03-2021 2/3 subject to the terms and conditions.

In today's hearing, learned counsel for the petitioner has produced before this Court a certified copy of the petition signed by the opposite party no. 2, filed in the court of learned Sub-Divisional Judicial Magistrate, Madhepura. In her application, she has stated about the settlement entered into between the petitioner and opposite party no. 2. She has further stated to have received all the gifts which were given to her husband at the time of marriage.

Despite the certified copy of the petition available before this Court, learned counsel for opposite party no. 2 prays for time to seek instruction.

Learned A.P.P. for the State is also present, however, in the nature of the case and the developments which have taken place so far he has not opposed the prayer for bail of the petitioner.

Having gone through the certified copy of the petition filed by opposite party no. 2 in the learned court below, this Court is of the considered opinion that the matter is required to be disposed off. The provisional bail granted to the petitioner vide order dated 27.01.2021 is hereby confirmed. The petitioner shall be allowed to remain on the same bail bond.

Patna High Court CR. MISC. No.32633 of 2020(5) dt.24-03-2021 3/3 It is made clear that this Court has disposed of this application in view of the statements made in the petition filed under Section 320 Cr.P.C. in the learned court below. If at any stage, the opposite party no. 2 finds that the said application which has been produced before this Court suffers from any misrepresentation, it will be open to her to move this Court for cancellation of bail bond of the petitioner.

Let the certified copy of the petition be kept on the record.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.