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Patna High CourtCR. MISC./62512/2021allowed

Congresh Mandal @ Congress Mandal v. The State Of Bihar

2022-06-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62512 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

Congresh Mandal @ Congress Mandal Son Of Mahesh Mandal Resident Of Village - Fatehpur, P.S. - Sultanganj, District - Bhagalpur. 2.

Dezi Devi Wife Of Gongresh Mandal Resident Of Village - Fatehpur, P.S. - Sultanganj, District - Bhagalpur.

3.

Nitish Mandal Son Of Mahesh Mandal Resident Of Village - Fatehpur, P.S. - Sultanganj, District - Bhagalpur.

4.

Neha Devi Wife Of Nitish Mandal Resident Of Village - Fatehpur, P.S. - Sultanganj, District - Bhagalpur.

5.

Mahesh Mandal Son Of Not Known Resident Of Village - Fatehpur, P.S. - Sultanganj, District - Bhagalpur.

6.

Sakuntala Devi Wife Of Mahesh Mandal Resident Of Village - Fatehpur, P.S. - Sultanganj, District - Bhagalpur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504, 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioners, who are in-laws of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home over the dowry demand.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.62512 of 2021(3) dt.22-06-2022 2/3 petitioners that the petitioners are innocent person and have committed no offence. Petitioners have neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioners have 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. However, learned APP for the State opposes the prayer for bail and submits that petitioners are involved in the present.

Considering the facts and circumstances of the case, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sultanganj P.S. Case No. 02 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring

Patna High Court CR. MISC. No.62512 of 2021(3) dt.22-06-2022 3/3 the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) devendra/- U T