Birbal Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1113 of 2015 Arising Out of PS.Case No. -1653 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Birbal Mandal S/o late Khokha Mandal R/o Dilarpur, P.S.-Manihari, District-Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Munia Devi W/o Birbal Mandal R/o At present Mahamdeopur, Lilkhothi, P.S.-Praunpur, District-Katihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Rajendra Nath Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2015 Heard both sides.

The petitioner Birbal Mandal apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.

The complainant was married to the petitioner about 30 years ago and she got three daughters and one son. It is alleged that husband started demanding dowry and it is also alleged that her husband solemnized second marriage with one Anita Devi.

Learned counsel for the petitioner submits that first wife of the petitioner lodged this case after 30 years of her

Patna High Court Cr.Misc. No.1113 of 2015 (2) dt.12-01-2015 2/2 marriage. The petitioner had solemnized his second marriage about 25 years ago. This case has been lodged on account of family dispute between the two wives. The allegation of demand of dowry is false and concocted.

It appears that the complainant herself alleged that she was married with the petitioner about 30 years ago. Her husband solemnized second marriage, much prior to the date of the filing of this case. The complainant of this case has lodged this case on account of petty family dispute. Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Katihar in connection with Complaint Case No. 1653 of 2013, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) Jagdish/- U T