Bhavesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57762 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA PS District- Katihar ====================================================== BHAVESH KUMAR MANDAL Son of Janardan Mandal Resident of Sadpur, Rajwara, P.S.-Rautara, District-Katihar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Payal Kumari D/o Late Vipin Mahto Resident of Dalan, P.S.-Muffasil, District-Katihar.

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 23 of 2019 registered for the offences punishable under Sections 498A, 323, 354B, 341, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is of demanding of Rs.1 lac and also assaulting the informant.

Submission of learned counsel for the petitioner is that the allegation is false and concocted and he is still ready to keep her with dignity and care and for that he has filed a petition under Section 9 of Hindu Marriage Act before the Family Court for restitution of conjugal rights but informant is not appear before the Family Court and such plea has also been taken by

Patna High Court CR. MISC. No.57762 of 2019(2) dt.13-09-2019 2/2 the petitioner before learned Sessions Judge. Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Mahila P.S. Case No. 23 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that if informant wants to reside with the petitioner, petitioner has to keep her with dignity and care, otherwise informant is at liberty to move before the court below for cancellation of bail bonds of the petitioner, which shall be considered on its own merit.

(Vinod Kumar Sinha, J) spal/- U T