Mangal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55945 of 2024 Arising Out of PS. Case No.-192 Year-2022 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Mangal Singh, aged about 26 Yrs., Gender- Male, son of Hareram Singh, resident of Village - Bhelva, P.S.- Hiranmar (Bariyarpur), District - Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Karmi Devi Wife of Mangal Singh D/o Kailash Bind, R/o Village - Chaturchak, P.O.- Udhadih, P.S.- Sultanganj, District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the O.P. No. 2 :

Mr. Brij Mohan Das, Advocate For the State :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2025 No one appears on behalf of the petitioner.

2. Mr. Brij Mohan Das, learned counsel appearing on behalf of opposite party No. 2 and Ms. Asha Kumari, learned APP for the State are present.

3. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 192 of 2022, registered for the offence punishable under Sections 323, 498(A), 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. As per the allegation made in the complaint, due to non-fulfillment of demand of dowry, the petitioner and his family members committed cruelty and tortured the complainant and thereafter they forcibly ousted her from her matrimonial

Patna High Court CR. MISC. No.55945 of 2024(4) dt.18-01-2025 2/3 house.

5. Mr. Brij Mohan Das, learned counsel appearing on behalf of the opposite party no. 2 submitted that petitioner has deserted the opposite party no. 2, who is his legally wedded wife and solemnized second marriage with another woman, namely, Chanda Devi, in the month of January, 2022 and he has accepted the same in paragraph no. 12 of the bail application.

6. The petitioner was granted interim protection vide order dated 04.09.2024. Thereafter, the matter was taken up on 26.10.2024, on which date petitioner was unrepresented. Today also, petitioner has remained unrepresented. It appears that petitioner, after obtaining favourable order, is intentionally avoiding the Court proceeding.

7. I find that petitioner has solemnized second marriage with one Chanda Devi without obtaining decree of divorce from the opposite party no. 2 and any relationship between the petitioner with one Chanda Devi will amount to cruelty to the opposite party no. 2, who is legally wedded wife of the petitioner. Considering the entirety of the fact and the conduct of the petitioner, who after obtaining favourable order from this Court, has remained unrepresented on two occasions, I am not inclined to enlarge the petitioner on pre-arrest bail.

Patna High Court CR. MISC. No.55945 of 2024(4) dt.18-01-2025 3/3

8. Accordingly, the present bail application stands dismissed.

(Purnendu Singh, J) Niraj/- U T