Madan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45488 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== MADAN MANDAL SON OF JAI KANT MANDAL RESIDENT OF VILLAGE - GORAMANSINGH, P.S. - BARGAON, DISTRICT - DARBHANGA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

LALNA KUMARI @ LALSHA DEVI @ LALASH DEVI DAUGHTER OF KARI MANDAL RESIDENT OF VILLAGE - BATH, P.S. - GHANSHYAMPUR, DISTRICT - DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-10-2024 Heard Mr. Girish Chandra Jha, learned counsel for the petitioner and Mr. Pankaj Kumar Jha representing the complainant.

2. The petitioner is in custody in connection with Complaint Case No. 182 of 2023 for the offence punishable under sections 498(A) and 323 of the Indian Penal Code by the informant, Lalna Kumari.

3. As per the complaint, the petitioner married to the complainant three years ago but was abused/assaulted due to demand of the motorcycle, in between, she also gave birth to the child but the torture continues. Regular panchayati took place in

Patna High Court CR. MISC. No.45488 of 2024(4) dt.25-10-2024 2/3 the matter but it failed to change the attitude of the petitioner.

4. Specific allegation is that on 07.08.2023, she was assaulted and thrown out of the house during the night hour. She had to go to her sister's-in-law house but on 09.08.2023 again, she was assaulted by the accused person after which, she was admitted to the Government Hospital, Benipur and thereafter the complaint.

5. Though the allegation is/was grave, considering that the couple is blessed with the child, a rope was extended to the petitioner to come to an amicable settlement and in the process, provisional bail was granted to him vide order dated 18.09.2024 while referring the matter to the Mediation Center. As per the report, the same failed.

6. Though learned counsel for the petitioner submitted that no such occurrence took place, Mr. Jha representing the complainant submits that a perusal of the complaint would show that within three days, she was assaulted twice, on the second time, she had to taken to the Government Hospital, Benipur.

7. In that background, this Court, for the present, does not deem it fit and proper to extend any relief to the petitioner.

8. The present bail application stands rejected.

9. The petitioner was granted provisional bail on

Patna High Court CR. MISC. No.45488 of 2024(4) dt.25-10-2024 3/3 18.09.2024 which will come to an end on 17.11.2024. He is required to surrender before 17.11.2024 failing which, the Court concerned shall take appropriate steps to ensure his arrest. (Rajiv Roy, J) Adnan/- U T