Mohan Hasda @ Mohan Hansda v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.26867 of 2017 (5) dt.30-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26867 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -COMPLAINT CASE District- KISANGANJ ====================================================== Mohan Hasda @ Mohan Hansda, son of Bada Hansda, Resident of Village - Dhakipara, Police Station - Paharkatta, District - Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjil Marandi @ Sajli, Daughter of Sri Rasik Marandi, Resident of Village - Hathiduba, Police Station - Dighal Bank, District - Kishanganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Hussain For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 115 of 2016, registered under Sections 323, 341, 313 and 498(A) of the Indian Penal Code. The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also to remove to her matrimonial house.

Learned counsel for the petitioner submits that on the joint prayer of learned counsel for the petitioner and the complainant-opposite party no. 2, the matter was referred to the

Patna High Court Cr.Misc. No.26867 of 2017 (5) dt.30-11-2017 Mediation Centre, Patna High Court, for settlement of dispute, where petitioner appeared but the complainant-opposite party no. 2 did not turn up before the Mediation Centre, due to that reason the mediation could not be succeeded, which would appear from the Mediator's Report dated 08.11.2017. In fact, marriage of petitioner was performed with Lakhi Kumari, daughter of Mahendra Prasad, resident of Dighapal, Post Guniya, P.S. Parantu, District- Katihar, but with ulterior motive the complainantopposite party no. 2 lodged the present case with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Kishanganj, in connection with Complaint Case No. 115 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.