Pankaj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61829 of 2023 Arising Out of PS. Case No.-14 Year-2020 Thana- SANOKHAR District- Bhagalpur ====================================================== PANKAJ KUMAR MANDAL SON OF NARESH MANDAL RESIDENT OF VILLAGE - MAHESHKHOR, POLICE STATION - SANOKHAR, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Ms.Gulnar Begum, APP.

Mr. Pravin Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 498 (A), 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of informant, is said to have tortured upon her physically and mentally in association of his family members over the dowry demand. It is further alleged that when the father of the informant came to her matrimonial house for taking bidagiri, he was abused and assaulted by the accused persons.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and he has committed

Patna High Court CR. MISC. No.61829 of 2023(5) dt.19-03-2024 2/3 no offence. Petitioner has neither made any dowry demand nor tormented her over the demand of dowry. All the allegations levelled against the petitioners are false and based on concocted facts. The real fact is that the informant herself does not want to reside in her matrimonial home. Petitioner has no criminal antecedent, as mentioned in para 3 of the bail application.

5. In that view of the matter, 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sanokhar P.S. Case No. 14 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs. 4,000.00 (Rupees Four Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.61829 of 2023(5) dt.19-03-2024 3/3

7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the informant is directed to furnish the bank account details of the informant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.

9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10. With the aforesaid observation and direction, this application stands allowed.

(Anjani Kumar Sharan, J) divyanshi/- U T