Vikash Mahaldar @ Bikash Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54771 of 2021 Arising Out of PS. Case No.-1811 Year-2019 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== VIKASH MAHALDAR @ BIKASH MAHALDAR Son of Late Yadu Mahaldar Resident of Village - Brahampur, Gaura, P.S.- Muffasil, Rani Patara, District - Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Usha Devi Wife of Vikash Mahaldar D/o Dharamchand Mahaldar, Resident of Village - Nikhraili, P.O.- Adhwaili, P.S.- Dagarua, District - Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 1811 of 2019 instituted for the offence under Sections 498(A), 494 and 323 of the Indian Penal Code.

This case relates to torture and harassment to the complainant due to non-fulfillment of Rs. Fifty thousand as

Patna High Court CR. MISC. No.54771 of 2021(4) dt.12-07-2022 2/3 further dowry demand and finally husband of the complainant. It is further alleged that petitioner has performed another marriage with another lady.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. He has never demanded any thing from the complainant. It is further submitted by learned counsel for the petitioner that petitioner is ready to keep his wife with full honour and petitioner has filed a petition under section 9 for restitution of conjugal life. Petitioner denies second marriage.

Learned counsel for the informant has asserted that complainant is also ready to live with her husband. Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 1811 of 2011 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Purnea subject to the

Patna High Court CR. MISC. No.54771 of 2021(4) dt.12-07-2022 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U