Manta Mandal @ Mantu Mandal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.5518 of 2015 (5) dt.09-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5518 of 2015 Arising Out of PS.Case No. -1063 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Manta Mandal @ Mantu Mandal Son of Binod Mandal Resident of village - Bishanpur Brand, P.S. Dhamdaha, District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rupa Devi D/o Domi Mahaldar, Wife of Manta Mandal @ Mantu Mandal Resident of village - Bishanpur Brand, P.S. Dhamdaha, District - Purnea, at Present resident of village - Sarsi, P.S. Sarsi, District - Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner and learned counsel for the opposite party no.2 The petitioner apprehends his arrest in connection with C.A. Case No. 1063 of 2013 registered for the offences punishable under Section 498(A) of the Indian Penal Code. The petitioner is present in court as per the earlier direction but opposite party no. 2 could not be able to present on account of the illness of her baby child.

During interaction with the petitioner, it has surfaced and has been admitted by him that he has entered into a second marriage with another girl and therefore, the prospect of opposite

Patna High Court Cr.Misc. No.5518 of 2015 (5) dt.09-09-2015 party no. 2 to come and live with her with all dignity and honour does not seem to be proper. However, after explaining the situation to him, the petitioner is directed to deposit a sum of Rs. 15,00/- (fifteen hundred) per month in the court below by the 15th of each month beginning from today by way of interim arrangement so that the opposite party no. 2 is able to sustain herself alongwith her baby child. In the event, petitioner depositing the aforesaid amount by the 20th of this month, let the petitioner, in the event of his arrest or surrender before the court below within a period of two 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., Purnia in connection with C.A. Case No 1063 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that if the petitioner fails to deposit the aforesaid amount for two consecutive months, it will be open for the opposite party no. 2 to seek modification of the present order.