Arjun Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24050 of 2017 Arising Out of PS.Case No. -1437 Year- 2015 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ======================================================
1. Arjun Mandal Son of Raju Mandal Resident of Village - Maubehat, P.S. - Manigachhi, District - Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Durga Devi Wife of Arjun Mandal, D/o - Bhaglu Mandal R/Village - Maubehat, P.S. - Manigachhi, Dist - Darbhanga. Present residing at village - Mahmar, P.S. - Manigachhi, District - Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jawed Gaffar Khan For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with C.R. case no. 1437 of 2015 registered for the offences punishable under Section 498(A) of Indian Penal Code. It appears from the record that notice has been validly served on the counsel for the opposite party no. 2, however the opposite party no. 2 has not bothered to appear before this Court either personally or through the duly appointed Advocate. The case of the complainant-wife is that she was married with the petitioner and subsequently, the petitioner started demanding a sum of Rs. 50,000/- and a motorcycle by way of dowry and on account of non-fulfilment of the said demand, the petitioner subjected the complainant to cruelty and had ultimately
Patna High Court Cr.Misc. No.24050 of 2017 (7) dt.31-01-2018 2/2 driven her out of the house.
The learned counsel for the petitioner submits that the petitioner is ready to keep her wife with full dignity and honour however, the complainant is refusing to stay with him and has also not turned up before this Court.
Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with C.R. case no. 1437 of 2015 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T