Manish Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7149 of 2021 Arising Out of PS. Case No.-1944 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Manish Kumar Das, son of Bhagwan Das, resident of Village-Chara Bargaon, P.S.-Sajour, District-Bhagalpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Dipali Kumari, wife of Manish Kumar Das, resident of Village-Chara Bargaon, P.S.-Sajour, District-Bhagalpur. At present D/s-Gauri Mohan Mitra, resident of Mohalla-Bhikanpur, P.S.-Ishakchak, District-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Informant :

Mr. Bhola Kumar For the State :

Mr. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-02-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken for the offences punishable under Section 498(A) of the

Patna High Court CR. MISC. No.7149 of 2021(3) dt.10-02-2022 2/3 Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the marriage of the petitioner with the complainant was solemnized in the year 2015. It is further submitted that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Complaint Case

Patna High Court CR. MISC. No.7149 of 2021(3) dt.10-02-2022 3/3 No. 1944 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the complainant wishes to reside with the petitioner, she will file a petition before learned Court below when it is expected from the learned Court below to issue notice to the petitioner for his appearance before learned court below. On appearance, the petitioner will be under an obligation comply the undertaking given before this Court and will take the complainant to her matrimonial house to keep her as wife with full dignity and honour.

(Sunil Kumar Panwar, J) Shageer/- U T