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Patna High CourtCR. MISC./55398/2019bail granted

Pradeep Kumar @ Ramesh Mandal @ Ramesh Kumar v. The State Of Bihar

2020-01-10Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55398 of 2019 Arising Out of PS. Case No.-370 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== PRADEEP KUMAR @ RAMESH MANDAL @ RAMESH KUMAR Son of Ram Autar Mandal Resident of Village- Aurahi, P.S.- Babubarhi, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Priyanka Devi Wife of Pradeep Kumar @ Ramesh Mandal Resident of Village- Aurahi, P.S- Babubarhi, District-Madhubani, At present - D/oSurendra Mandal, Resident of Village-Jainagar, Rajputani Tole, P.s- Jainagar, District- Madhubani.

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioner apprehends his arrest in a case registered under Sections 498(A) of the Indian Penal Code and 3⁄4 of D.P. Act.

Informant has filed a complaint case giving rise to complaint case No. 370(CR) of 2018 against six persons who are her in laws stating therein that marriage of complainant was solemnized with petitioner on 16.04.2017 and sufficient gifts and presents were given at the time of marriage to petitioner and her in laws but after some time she was being tortured for non-

Patna High Court CR. MISC. No.55398 of 2019(4) dt.10-01-2020 2/3 fulfillment of demand of one motorcycle and rupees one lakh. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case and the allegation of torture and demand of dowry is false and concocted. The allegation of assault is general and omnibus in nature and no specific date has been stated in the complaint case and allegations against all the accused are of similar nature. From the order of Sessions Judge, it appears that petitioner was ready and willing to keep the complainant with himself in her matrimonial home but she is not ready to accompany petitioner who is in parental home as she fears that she will be killed by her in laws.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Complaint Case No. 370 of 2018, T.R. No. 3117 of 2018,

Patna High Court CR. MISC. No.55398 of 2019(4) dt.10-01-2020 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T