Aashish Mandal @ Satnam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36875 of 2023 Arising Out of PS. Case No.-2055 Year-2013 Thana- COMPLAINT CASE District- Banka ====================================================== Aashish Mandal @ Satnam Mandal S/O Late Rajendra Mandal R/O Vill. Sonidih, Ps. Goradih, Dist. Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Soni Devi W/O Aashish Mandal @ Satnam Mandal R/O Vill. Fattuchak, Ps. Dhoraiya, Dist. Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor

Patna High Court CR. MISC. No.36875 of 2023(5) dt.06-02-2024 2/2 tormented her over the demand of dowry. Learned counsel for the petitioner further submits that the petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Vide order dated 22.08.2023, report was called for from the Superintendent of Police, Bhagalpur.

6. A counter affidavit has been filed by the State in which it is stated that the petitioner and complainant have solemnized their second marriage.

7. Considering the facts and circumstances of the case, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 2055 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T