Patna High CourtCR. MISC./37248/2016allowed

Upendra Mandal @ Upendra Kumar Mandal v. The State Of Bihar

2016-12-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.37248 of 2016 (4) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37248 of 2016 Arising Out of PS.Case No. -47 Year- 2014 Thana -MAHILA PS District- KATIHAR ======================================================

1. Upendra Mandal @ Upendra Kumar Mandal Son of Govind Das, resident of Village- Dilarpur Purani Sij, P.S.- Manihari, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 4 19-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Sessions Trial No. 118 of 2016 arising out Katihar Mahila P.S. Case No. 47 of 2014 registered under Sections- 376, 498A/34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.

Petitioner is alleged to have sexually exploited the informant for about two years on assurance of marriage. On pressure, he married the informant, however petitioner performed second marriage after assaulting and ousting the informant from his house.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.37248 of 2016 (4) dt.19-12-2016 petitioner was granted bail by this Court vide order dated 18.08.2015 passed in Cr. Misc. No. 35446 of 2015. Further, by the said order, the Court below was directed to conduct enquiry with regard for performing marriage of the petitioner with the informant. It is further submitted that no such enquiry was conducted by the Court below.

Considering the facts and circumstances of the case specially the fact that enquiry as directed by this Court has not been conducted by the Court below, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Katihar in connection with Sessions Trial No. 118 of 2016 arising out of Katihar Mahila P.S. Case No. 47 of 2014.

(Arvind Srivastava, J) Manish/- U T