Gyan Prakash Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51664 of 2017 Arising Out of PS.Case No. -1402 Year- 2016 Thana -COMPLAINT CASE District- BANKA ====================================================== Gyan Prakash Mandal, S/o Ashok Kumar Mandal, resident of VillageChainpura (Laugay), P.S. + Distt.- Munger. At present resident of Housing Board Umrani, Bhanpur Abu Road, I.A. Building No. 23, P.S.- Abu Road, Distt.- Sirohi, Rajsthan.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Laxmi Kumari, W/o Gyan Prakash Mandal, D/o Gopal Prasad Mandal, Resident of Village- Kifayatpur, P.S.- Rajoun, District- Banka. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Mukherjee, Advocate. For the State : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323, 379, 504 and 506/34 of the IPC and 3⁄4 of the D. P. Act in which cognizance has been taken under Section 498(A) of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.51664 of 2017 (2) dt.09-11-2017 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Banka, in connection with Complaint Case No. 1402/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T