Jayram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5335 of 2021 Arising Out of PS. Case No.-164 Year-2009 Thana- COMPLAINT CASE District- Banka ====================================================== 1.

Jayram Mandal Son Of Huro Mandal Resident Of Village- Kushmaha, P.SDhoraiya, District- Banka. 2.

Kado Devi Wife Of Huro Mandal Resident Of Village- Kushmaha, P.SDhoraiya, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gudiya Devi Wife Of Jayram Mandal Resident Of Village- Kushmaha, P.SDhoraiya, District- Banka At Prsent D/O- Parashuram Mandal, R/O VillageBarhouna, P.S- Barahat, Diatrict- Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Balram Kapri, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in a case registered under Sections 323, 379, 504, 498A/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

Patna High Court CR. MISC. No.5335 of 2021(2) dt.22-06-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner No.1 is the husband of the victim and petitioner No.2 is the mother-in-law of the victim. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Complaint case No. C-164 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will

Patna High Court CR. MISC. No.5335 of 2021(2) dt.22-06-2021 3/3 furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T