Raj Kumar Mandal @ Raj Kr. Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64445 of 2024 Arising Out of PS. Case No.-981 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Raj Kumar Mandal @ Raj Kr. Mandal son of Dulkan Mandal Resident of Village- Dumariya, P. S- Dandkhora, District- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rinki Devi Wife of Raj Kumar Mandal @ Raj Kr. Mandal villageDumariya, Ps- Dandkhora, Dist- katihar, P/A- Daughter of Anup Lal Das, Village- Sakraily, Ps- Dandhhora, Dist- katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Prasad Sah, Advocate For the State :
Mr. Shyam Bihari Singh, APP For the OP. No. 2 :
Mr. Jibendra Mishra, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand and torture.
4. Learned counsel for the petitioner submits that the petitioner has always been ready to keep the opposite party no. 2
Patna High Court CR. MISC. No.64445 of 2024(4) dt.15-05-2025 2/3 with full dignity and honor but she is not desirous of continuity with the relationship. The petitioner bears no criminal antecedent.
5. The application is opposed on the ground that there are two children out of the wedlock who have also to be taken care of.
6. At this stage, the petitioner offers to give Rs.4000/- (Rupees Four Thousand) per month to opposite party no. 2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. In such view of the matter, let the above named petitioner, be released 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 the learned S.D.J.M., Katihar, in connection with CA Case No. 981 of 2022 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall cooperate in the investigation/trial. If the O.P. No.2 furnishes the bank account in which the amount can be transferred, and yet
Patna High Court CR. MISC. No.64445 of 2024(4) dt.15-05-2025 3/3 the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the O.P. No.2 would be at liberty to file cancellation of bail.
8. Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned Court below.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Raj Ranjan/- U T