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Patna High CourtCR. MISC./57325/2019disposed

Munna Mandal v. The State Of Bihar

2019-09-11Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57325 of 2019 Arising Out of PS. Case No.-2554 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MUNNA MANDAL Son of Dinesh Mandal Resident of Madani, Police Station- Rajoun, District- Banka.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Baby Devi D/o Darogi Mandal, W/o Munna Mandal Resident of VillageMadani, Police Station- Rajoun, District- Banka at present resident of Mohalla Rekabganj, Naya Tola, Police Station- Tatarpur, DistrictBhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2554 of 2014, registered for the offences punishable under Section 323, 504, 498, 494, 120B, 307, of the Indian Penal Code and Section 3/ 4 of Dowry Prohibition Act, but the learned Sub- Divisional Judicial Magistrate, Bhagalpur has taken cognizance under Section 323, 498(A)/34 of the Indian Penal Code.

Allegation of the petitioner is of demand of Rs. 50,000/- and motorcycle from the complainant who happens to be wife of the petitioner.

Submission of learned counsel for the Petitioner is

Patna High Court CR. MISC. No.57325 of 2019(2) dt.11-09-2019 2/3 that the allegation is false and concocted and no specific allegation has been attributed against him, moreover, he is ready to keep her with full dignity and care.

Heard learned A.P.P. also.

In view of the facts as stated above, petitioner is directed to surrender before the Court below within two weeks from receipt of the order, and further on filing of an affidavit by the petitioner that he is ready to keep her wife with full dignity and care, then he will be released on provisional bail for a period of six months on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Sub- Divisional Judicial Magistrate, Bhagalpur, in connection with Complaint Case No. 2254 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

During that period, the learned Court below shall issue notice to the complainant for appearance of the complainant and after appearance of the complainant either try for reconciliation between the parties himself or refer the matter to the District Mediation Centre to find out an amicable settlement between the parties.

Patna High Court CR. MISC. No.57325 of 2019(2) dt.11-09-2019 3/3 marital relationship, especially the conduct of the petitioner, the Court below will confirm the bail bonds of the petitioner otherwise pass any other orders, which may deem fit and proper, including cancelling the bail bonds of the petitioner. (Vinod Kumar Sinha, J) T.Kr./- U T