Vishwa Nath Mandal @ Vishwanath Mandal @ Vishnath Mandal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.43767 of 2016 (7) dt.28-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43767 of 2016 Arising Out of PS.Case No. -70 Year- 2014 Thana -BHEJA District- MADHUBANI ====================================================== Vishwa Nath Mandal @ Vishwanath Mandal @ Vishnath Mandal, S/o Kari Mandal, Resident of Village- Tengaraha, P.S.- Bheja, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gita Devi, W/o Vishwa Nath Mandal, Resident of Village- Tengaraha, P.S.- Bheja, District- Madhubani. At Present Gita Devi D/o Maufe Tal Mandal, Resident of Village- Belitol, P.S. Bheja, District- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bheja P.S. Case No. 70 of 2014, registered under Sections 341, 323, 498(A) and 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torturing the informant-opposite party no. 2 by her husband and in-laws due to non-fulfillment of demand of dowry and also to remove her to matrimonial house snatching her personal belongings.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.43767 of 2016 (7) dt.28-11-2017 marriage of informant-opposite party no. 2 was performed with Shiv Nath Mandal, brother of the petitioner, who died on 14.09.2012 at Delhi. Thereafter, informant-opposite party no. 2 tried to arrange her marriage with this petitioner but the petitioner and his family members were not ready due to that reason the present case has been lodged with false allegation only to put undue pressure.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Jhanjharpur (Madhubani) in connection with Bheja P.S. Case No. 70 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T