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Patna High CourtCR. MISC./76490/2023allowed

Vikash Mandal v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76490 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== VIKASH MANDAL Son of Vinod Mandal Resident of Village - Hati, P.S.- Baheri, District - Darbhanga.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Neha Devi Wife of Vikash Mandal Resident of Village - Kalyanpur, P.S.- Baheri, District - Darbhanga.

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 498(A) and 34 of the Indian Penal Code and Sections 3 and 4 of D.P. Act.

3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner on 21.05.2021 and after marriage the petitioner along with coaccused used to torture the informant mentally and physically due to non-fulfillment of dowry demand and also assaulted her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.76490 of 2023(2) dt.01-12-2023 2/2 by the informant. The petitioner is husband of the informant and he has falsely been implicated in the present case due to matrimonial dispute. No specific allegation of assault or torture against the petitioner. It is further submitted that no any injury is found on the person of the informant. It is further submitted that the petitioner is languishing in judicial custody since 19.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baheri P.S. Case No. 271 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Darbhanga. (Sunil Kumar Panwar, J) lata/- U T