Kaushal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57058 of 2021 Arising Out of PS. Case No.-2494 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Kaushal Mandal Son of Late Binay Mandal Resident of Village - Pindaul Dumri, P.S. - Katra, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manisha Devi Wife of kaushal Mandal Resident of Village - Pindaul Dumri, P.S. - Katra, District - Muzaffarpur, AT present D/O Rohit Kumar, Village - Agrail Champapur, P.S. - Valigau, District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Prasad, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

This is a case under Section 498A of the Indian Penal Code. Petitioner is husband of Opposite Party No.2. The impugned order reveals that Opposite Party No.2, who is complainant of the case, did not appear in spite of notice for settlement of dispute before the Court-below.

Patna High Court CR. MISC. No.57058 of 2021(2) dt.08-12-2021 2/2 Considering the fact of this case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No. 2494 of 2018, Trial No.4170 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. However, it is made clear that it is always open for the parties to be ready for settlement of dispute and the petitioner shall be cooperative at each and every stage of trial.

(Birendra Kumar, J) Mkr./- U T