Jangalu Das @ Janglu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73451 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- BARSOI District- Katihar ====================================================== Jangalu Das @ Janglu Das, S/o Buddhu Das, R/o village- Sola Baghar, P.S.- Barsoi, District- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lalita Devi, W/o Jangalu Das @ Janglu Das, D/o Dinesh Bishwas, R/o village-Ufrail, P.O.- Sagrath, P.S.- Kadwa, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Chandra Prasad For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 This is an application for grant of anticipatory bail in connection with Barsoi P. S. Case No. 142 of 2019, disclosing offences under Section 498A of IPC and Section 3 and 4 of Dowry Prohibition Act.
As per F.I.R. there is allegation against the petitioner, who happens to be the husband of the informant of subjecting her to cruelty and torture with respect to demand. It is also alleged that in a matrimonial case, Bidagri was made with certain condition, but later on, he married with another lady and assaulted her brutally.
Submission of the learned counsel for the petitioner is that the present case has been lodged by the father-in-law of the
Patna High Court CR. MISC. No.73451 of 2019(2) dt.21-11-2019 2/3 petitioner. Earlier a complaint case has been lodged by the wife of the petitioner, in which also there was allegation that he solemnized marriage with another lady. Considering the same, earlier petitioner was granted privilege of anticipatory bail, vide order dated 30.11.2018 passed in Criminal Misc. No. 62132 of 2018 that has not been mentioned in the F.I.R. also. He has stated on oath that he has not solemnized the second marriage and he is still ready to keep her with dignity and care. Further submission is that informant is the person who is instrumental in lodging the present case.
Heard learned A.P.P. as well as learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that after marriage, he has solemnized another marriage and brought the girl to his house.
Having heard both sides, considering the above submission, 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) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Katihar, in connection with Barsoi P. S. Case No. 142 of 2019, subject to the condition laid down under Section 438(2)
Patna High Court CR. MISC. No.73451 of 2019(2) dt.21-11-2019 3/3 of the Code of Criminal Procedure on condition that if his wife who is daughter of the informant is ready to restored the conjugal rights, he has to keep her with dignity and care. (Vinod Kumar Sinha, J) Sunil Shukla/- U T