Manoj Kumar Gond @ Manoj Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64510 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== MANOJ KUMAR GOND @ MANOJ GOND Son of Dasami Gond Resident of Village-Fakarabad, P.S.-Chainpur, District-Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kaushalya Devi @ Kaushilya Devi Wife of Manoj Kumar Gond @ Manoj Gond Resident of Village-Fakarabad, P.S.-Chainpur, District-Kaimur at Bhabua. D/o Laxmi Gond, At present Address as Resident of village-Hata, P.S.-Chainpur, District-Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 This application, for grant of anticipatory bail, arises out of Mahila (Bhabhua) P.S. Case No. 39 of 2019, disclosing offences under Sections 498A, 323, 341, 379, 307/34 of the Indian Penal Code.

Petitioner happens to be husband of the informant and allegation against his is of subjecting the complainant to torture with respect to demand of motorcycle and colour T.V. as dowry and she also alleged that petitioner developed illicit relationship with another lady.

Submission of learned counsel for the petitioner is that informant is in habit of lodging false cases against the petitioner as earlier also, she has lodged a case under Section 498A of the Indian Penal Code against the petitioner, in which, after full trial, petitioner

Patna High Court CR. MISC. No.64510 of 2019(4) dt.09-01-2020 2/2 has been acquitted, which he has stated on oath in para -12 of the petition and after release of the petitioner, she filed another case i.e. Chainpur P.S. Case No. 248 of 2017 under Section 307 of the Indian Penal Code. Later on a case under Domestic Violence Act has also been filed and, thereafter, she has filed the present case. It has further been submitted that entire allegation is false and concocted and petitioner is ready to abide by any condition imposed on him. Heard learned A.P.P. also.

It appears that earlier notice was issued to informant but she refused to receive the ordinary notice.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Mahila (Bhabhua) P.S. Case No. 39 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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