Patna High CourtCR. MISC./51175/2024bail granted

Pappu Mandal @ Pappu v. The State Of Bihar

2025-06-25Mr. Justice Rajesh Kumar Verma5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51175 of 2024 Arising Out of PS. Case No.-599 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Pappu Mandal @ Pappu son of Parmeshwar Mandal Village- Sankaurth, PsPandaul Dist- Madhubani ... ... Petitioner/s

Versus

The State of Bihar 2.

Puja Kumari wife of Pappu Mandal, D/o- Abhinath Mandal VillageMagrouni Ps- Rajnagar Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Complainant : Mr. Murari Narain Choudhary, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-06-2025 Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioner, Mr. Murari Narain Chaudhary, learned counsel appearing on behalf of the Complainant and Dr. Indiwar Kumari, learned APP for the State.

2. The petitioner is apprehending his arrest connection with C.R. No. 599 of 2023, dated 12.07.2023 registered for the offences punishable under Sections 323, 341, 379, 498A, 504, 34 of the Indian Penal Code but the cognizance has been against the petitioner only under Section 498A of the Indian Penal Code.

3. Petitioner is husband of the Complainant. Allegation is of demand of dowry and torture for the same.

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4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case merely on the ground that the petitioner is the husband of the complainant. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and before filing of the present complaint petition, the petitioner has filed a Matrimonial Case No. 217 of 2023 before the learned Family Court, Principal Judge, Madhubani on 06.07.2023 and when complainant came to know about the Divorce case filed by the petitioner then she has filed the present Complaint Petition on 12.07.2023 only to harass the petitioner.

5. Vide order dated 11.04.2025, the matter was referred before the Patna High Court, Mediation Centre for settle the dispute between the parties but the report of the learned Mediation dated 21.05.2025 reveals that the dispute between the parties could not be resolved through the process of mediation.

6. Learned counsel for the Complainant/Opposite Party No. 2 , on the other hand, submits that this Court directs to the petitioner to pay some amount as an interim maintenance to

3/5 the complainant.

7. Learned counsel for the petitioner on instruction submits that the petitioner is ready to pay Rs. 5,000/- per month to the Complainant/Opposite Party No. 2 as a maintenance amount till the disposal of the Maintenance Case, if any. The Bank details is as follows:

Complainant : Pooja Kumari Bank Account No. 008710710841 CIR No: 6107982084 IFSC Code- IPO50000001 Bank Name- India Post Payments Bank

8. Learned counsel for the Complainant/Opposite Party No. 2 has no objection in this regard.

9. Considering the facts and circumstances of the 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 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 A.C.J.M. Vth, Madhubani in connection with C.R. No. 599 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

4/5 (i) The petitioner shall deposit Rs. 5,000/- by way of demand draft in favour of the Complainant/Opposite Party No. 2 at the time of furnishing bail bond and the learned Court below is directed to hand over the same in favour of the Complainant or his representative and the petitioner shall pay Rs. 5,000/- per month regularly to the Complainant/Opposite Party No.2 in her Bank account and if the petitioner fails to pay the aforesaid maintenance amount to the Complainant/Opposite Party No. 2, the Complainant/Opposite Party No. 2 shall be at liberty to move before the appropriate forum for cancellation of the bail bond of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (iii) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iv) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his

5/5 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T