Arvind Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62699 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- AMDABAD District- Katihar ====================================================== ARVIND KUMAR MANDAL Son of Mahendra Mandal Resident of Village - Balrampur, P.S. - Amdabad, District - Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Further, Counsel for the petitioner is permitted to make necessary correction in the prayer portion of the application.

The petitioner is apprehending his arrest in connection with Amdabad P.S. case No.30/2021 registered under Sections 376, 498A, 506, 120(B) of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is that he committed rape upon the victim. Later on, the petitioner has married with

Patna High Court CR. MISC. No.62699 of 2021(2) dt.30-11-2021 2/3 the victim and thereafter the petitioner committed torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no medical examiantion report in respect of offence under Section 376 of I.P.C. Later on, the petitioner has married with the said victim. Except for offence under Section 376 of I.P.C., rest of the offences are triable by the Magistrate. The petitioner has 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 petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, 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 furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.,

Patna High Court CR. MISC. No.62699 of 2021(2) dt.30-11-2021 3/3 Katihar in connection with Amdabad P.S. case No.30/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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