Chhanguri Mandal @ Sri Changuri Mandal v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78430 of 2018 Arising Out of PS. Case No.-1898 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Chhanguri Mandal @ Sri Changuri Mandal ... ... Petitioner/s

Versus

State Of Bihar & Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 1898 of 2017,registered for offences punishable under Sections 498A, 323 and 34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act. As per F.I.R., allegation against the petitioner, who happens to be the husband of the complainant, is of torturing and abusing in filthy language with respect to demand of dowry.

Submission of the learned counsel for the petitioner is that earlier before lodging the case by the complainant, the petitioner had already filed a divorce case before the Family Court and the complainant is not ready to leave with him. It is also submitted that the petitioner has no criminal antecedent. Learned APP and learned counsel for the informant have opposed the prayer for bail on the basis that the petitioner being husband, compelled the complainant to live her matrimonial house and did not provide medical aid to her and children.

Learned A.P.P. opposes the prayer for bail.

Patna High Court Cr.Misc. No.78430 of 2018(2) dt.08-01-2019 2/2 Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Complaint Case No. 1898 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with further condition that if the Maintenance Case is filed against the petitioner in future, the petitioner shall cooperate in the disposal of the case, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

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