Rajesh Kumar @ Rajesh Mandal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.30347 of 2015 (3) dt.02-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30347 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Rajesh Kumar @ Rajesh Mandal S/o Kameshwar Mandal Resident of Village Maricha, P.S. & District Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kunti Devi @ Punam Kumari W/o Rajesh Kumar @ Rajesh Mandal daughter of Mungalal Mandal Resident of Village Maricha, P.S. & District Supaul And at present Resident of Village & Post Office Dharhara, P.S. Raghopur, District Supaul.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the Opposite party No. 2.

The petitioner apprehends his arrest in connection with Complaint Case No. 07C/2015 registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code.

By order dated 06.08.2015, it was directed that the petitioner as well as the opposite party no. 2 shall remain present themselves in chamber. Though, the petitioner alongwith his counsel is present but so far as the opposite party no. 2 is concerned, it has been submitted on her behalf that due to some

Patna High Court Cr.Misc. No.30347 of 2015 (3) dt.02-09-2015 unfortunate incident in her family, she could not come. Learned counsel for the petitioner submits that petitioner is ready and willing to keep his wife with full dignity and honour.

This court earlier felt that there was some scope of reunion but today, it has been submitted on behalf of the opposite party no. 2 that she is not at all willing to live with her husband. On the other hand, the petitioner has submitted that even in the court below, i.e the Family Court, she had expressed her unwillingness to stay with the petitioner.

In view of the above facts and circumstances, let the petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Birpur (Supaul) in connection with Complaint Case No. 07C/2015. (Anjana Mishra, J) Jagdish/- U T