Sonu Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22890 of 2016 Arising Out of PS.Case No. -12 Year- 2015 Thana -JALE District- DARBHANGA ====================================================== Sonu Mandal, son of Sri Bholu Mandal @ Amal Mandal .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mithu Devi, wife of Sri Sonu Mandal, daughter of Sri Kamaldeo Mandal .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfilment of dowry demand and making an attempt to lit her on fire.

It is submitted by learned counsel for the petitioner that as per the F.I.R admittedly no injury was caused to anyone. The petitioner admits his marriage with the informant and is ready and willing to keep the informant or ready to resolve the issue or maintain her. A statement to that

Patna High Court Cr.Misc. No.22890 of 2016 (2) dt.20-05-2016 2/3 effect has been made in para 13 of the petition which reads as follows:- "That petitioner is always ready and willing to live with informant(O.P. No. 2). He is ready to resolve the entire dispute(s) with her to maintain matrimonial harmony"

It is further submitted that similar was the stand of the petitioner before learned Court below but in spite of notice the informant chose not to appear before learned Court below.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Jalley P.S. Case No. 12 of 2015. Let learned Court below issue notice to the informant and fix a date for her appearance. On appearance, the petitioner will take the informant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the informant fails to

Patna High Court Cr.Misc. No.22890 of 2016 (2) dt.20-05-2016 3/3 appear before learned Court below (iii) If the informant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T