Mukesh Kumar @ Mukesh Kumar Mandal @ Mukesh Kamar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73962 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- MAHILA PS District- Jamui ====================================================== Mukesh Kumar @ Mukesh Kumar Mandal @ Mukesh Kamar Son of Indradeo Mandal @ Indradev Mandal Resident of Village - Mahuli, P.S.- Khaira, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Priti Bharti W/o Mukesh Kumar @ Mukesh Kumar Mandal @ Mukesh Kamar Resident of Village - Mahuli, P.S.- Khaira, District- Jamui, Presently staying at the House of Manoj Kumar Village- Lagma, P.S.- Jamui, DistrictJamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Md. Shakir Ahmad Mr. Amrendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2022 Heard Mr. Krishna Prasad Singh, learned Senior Counsel assisted by Mr. Rakesh Singh, for the petitioner, learned APP for the State and learned counsel appearing on behalf of opposite party no.2 through virtual court proceedings. The petitioner apprehends his arrest in Jamui Mahila P.S. Case No.50 of 2019, registered for the offences punishable under Sections 498A and 313 of the Indian Penal Code. The allegation against the petitioner is of committing torture upon opposite party no.2 for non-fulfillment of demand of additional dowry.

Learned Senior Counsel for the petitioner submits that

Patna High Court CR. MISC. No.73962 of 2019(8) dt.07-02-2022 2/3 opposite party no.2 had earlier filed a case in which the petitioner was convicted by the learned court below and thereafter the petitioner had been granted bail. It is also submitted that the petitioner is ready to pay Rs.10,000/- (Rupees Ten thousand) per month to opposite party no.2. Learned Senior Counsel for the petitioner has 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.

Learned counsel appearing on behalf of opposite party no.2 opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner has suppressed the fact that he has solemnized second marriage with Kavita Kumari, D/o Anil Mandal and against this opposite party no.2 has filed a case being Khaira P.S. Case No.209 of 2021 against the petitioner. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged 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 learned S.D.J.M., Jamui in connection with Jamui Mahila P.S. Case No.50 of

Patna High Court CR. MISC. No.73962 of 2019(8) dt.07-02-2022 3/3 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J.) Sanjay/- U T