Pramod Kumar @ Pramod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41765 of 2019 Arising Out of PS. Case No.-479 Year-2017 Thana- COMPLAINT CASE District- Supaul ====================================================== PRAMOD KUMAR @ PRAMOD MANDAL Son of Vidyanand Mandal Resident of Village - Majhaula (Ratansar), P.S.- Chhatapur, District - Supaul. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Asha Devi Daughter of Asharfi Sahani Resident of Village - Jiwachhpur, P.S.- Chhatapur, District - Supaul.

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

For the Petitioner/s :

Mr.Dinesh Choudhary For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 479C of 2017, disclosing offences under Sections 498A, 323 and 494 of the Indian Penal Code.

Petitioner happens to be husband of the complainant and allegation against the petitioner is of subjecting the complainant to cruelty and torture with respect to non fulfilment of demand of dowry.

Submission of learned counsel for the petitioner is that allegations are false and concocted and he is still ready to keep the complainant - wife with full honour and dignity and he has also filed a petition under Section 9 of the Hindu Marriage

Patna High Court CR. MISC. No.41765 of 2019(3) dt.08-11-2019 2/3 Act for restitution of conjugal rights, however, the court below has not considered the aforesaid fact. It has also been submitted that as the complainant was not ready to reside with the petitioner, he remarried with another lady and he is ready to pay the maintenance to the complainant.

Heard learned A.P.P. also. In this case notice was issued to complainant and the notice was also received by her but none has appeared on her behalf.

Having heard both sides, in view of the above facts, this application is disposed of with direction to the petitioner to surrender before the court below within a period of three weeks from the date of receipt of a copy of this order in the court below and on condition that he is ready to pay Rs. 3,000/- per month to complainant towards her maintenance for a period of one year and in that period, the complainant if so desire may move the concerned family court for grant of maintenance from the petitioner and if any order either interim or final passed by the learned Family Court, if the petitioner undertakes that he will abide by the same, the court below shall confirm the provisional bail already granted to the petitioner by a coordinate Bench of this Court vide order dated 08.07.2019. It is made clear that if the petitioner fails to pay the

Patna High Court CR. MISC. No.41765 of 2019(3) dt.08-11-2019 3/3 aforesaid amount of Rs. 3,000/- to the complainant consecutively for three months, the complainant will be at liberty to move the court below for cancellation of bail bonds of the petitioner.

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