Kaushal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72123 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- BALIGAON District- Vaishali ====================================================== KAUSHAL MANDAL Son of Late Binay Mandal Resident of Village - Dumri, P.S.- Katra, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manisha Devi W/o Kaushal Mandal , D/o Rohit Patel Resident of Village - Agrail Champapur, P.s.- Valigau, Dist.- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Baligaon P.S. Case no. 08 of 2021 instituted for the offence under Sections 341, 323, 379, 498(A), 504, 34 of the Indian Penal Code.

This case relates to torture and harassment due to nonfulfillment of four wheeler as further dowry demand and finally husband of the informant ousted her from matrimonial home. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the informant and has been falsely implicated in this case. He has never demanded any thing from the informant. Prior to lodging the present case,

Patna High Court CR. MISC. No.72123 of 2021(4) dt.08-08-2022 2/2 informant had already filed a complaint case against the petitioner with similar allegations and since then informant is not living with the petitioner, so there is no question of demanding further dowry demand or torture to her. Only with a view to harass the petitioner, informant is in a habit of filing one case after another with concocted story.

Learned counsel for the informant and learned APP appearing for the State has opposed the prayer of Bail. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Baligaon P.S. Case no. 08 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Vaishali At Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U