Patna High CourtCR. MISC./52205/2014dismissed

Prem Shankar Mandal @ Guddu Mandal v. State Of Bihar And ANR

2015-01-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52205 of 2014 Arising Out of PS.Case No. -563 Year- 2014 Thana -COMPLAINT CASE District- BANKA ====================================================== Prem Shankar Mandal @ Guddu Mandal, Son of Suresh Mandal, Resident of Village - Bharti Kitta, P.S.& District-Godda (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rita Devi, Wife of Prem Shankar Mandal @ Guddu Mandal, and D/O Gulabi Mandal, Resident of Village - Makdumma, P.S.- Amarpur, District- Banka.

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

For the Petitioner/s : Mr. Janki Nandan Prasad, Advocate. For the Opposite Party/s : Mr. Kumar Virendra Narayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-01-2015 Heard both sides.

The petitioner Prem Shankar Mandal @ Guddu Mandal apprehends his arrest in Complaint Case No. 563 of 2014, registered for the offences punishable under Sections 498(A) and 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The complainant-wife has made allegation that she was subjected to physical and mental torture and she was driven out from her house on account of non-fulfillment of demand of dowry. The complainant-wife also made allegation that her husband has solemnized second marriage.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.52205 of 2014 (2) dt.06-01-2015 petitioner is ready to keep his wife and the allegations are false and concocted.

Learned APP did not dispute the facts.

It appears that effort was made for reconciliation between the husband and wife but the wife narrated her woes before the court below and there appears that the husband solemnized second marriage.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks and the court below shall consider the prayer for bail of the petitioner without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T