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Patna High CourtCR. MISC./51047/2019bail granted

Chandan Kumar @ Chandan Kumar Malakar @ Chandan Malakar v. The State Of Bihar

2022-03-25Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51047 of 2019 Arising Out of PS. Case No.-1805 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Chandan Kumar @ Chandan Kumar Malakar @ Chandan Malakar Son of Rameshwar Malakar, Resident of Village-Nayanagar, P.S.-Hasanpur, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari D/o Suresh Malakar W/o Chandan Malakar, Resident of Village-Kashipur Lakhana Chauk, Ward no.6, P.S. and District-Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Atul Chandra Mr. Jai Prakash Singh Mr. Rajeev Kumar Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-03-2022 Heard the learned counsel for the petitioner and the learned counsel for the complainant through video conferencing. As per allegation, the marriage of the complainant was solemnized in the year 2013 and the accused persons demanded dowry. Due to non-fulfillment of dowry, she was tortured and her husband (petitioner) has solemnized second marriage with one Sushma Kumari.

The matter was referred to the District Mediation Centre, Samastipur to explore the possibility of amicable settlement of the dispute. The report of Mediator has been

Patna High Court CR. MISC. No.51047 of 2019(7) dt.25-03-2022 2/2 annexed as flag 'R', which shows that there was no consent between the parties to reside together. It has also been mentioned in the Mediator's report that the entire arrears of maintenance have been paid.

Considering the facts and circumstances of the case, the provisional bail granted to the petitioner, vide order dated 19.08.2019, is hereby confirmed with the condition that he shall continue paying the monthly installments of the maintenance. (Nawneet Kumar Pandey, J) Mahesh/- U T