Santosh Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13629 of 2015 Arising Out of PS.Case No. -110 Year- 2012 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Santosh Mandal, Son of Babu Mandal, Resident of Village- Khagaon, P.S.- Pandaul, District- Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Pramila Devi wife of Santosh Mandal , At present Daughter of Ramdev Mandal Resident of village- Bharatpatti, P.S.- Kaluahi, DistrictMadhubani. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ravindra Kumar Singh, Advocate.

For the Opposite Parties : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner, learned counsel for the complainant and learned counsel for the State. The petitioner apprehends his arrest in C.R. Case No. 110 of 2012, registered for the offences punishable under Section 498A and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Petitioner is the husband, he is ready to keep his wife, but the learned counsel for the complainant submits that the petitioner has already solemnized second marriage with one Sanju Devi, D/O- Ram Bilash Mandal, Village -Barha, P.S.- Babubarhi, District - Madhubani.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.13629 of 2015 (2) dt.07-05-2015 2/2 petitioner has not solemnized any second marriage. Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below on 21st May, 2015 and the complainant shall also appear in the court below on that day on such the court below shall enlarge the petitioner on provisional bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Madhubani in connection with C.R. Case No. 110 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve the court below shall pass order in accordance with law on the provisional bail of the petitioner. (Prabhat Kumar Jha, J.) KKSINHA/- U T