Bajrangi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76885 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- BELA District- Sitamarhi ====================================================== BAJRANGI MANDAL Son of Bhagirath Mandal Resident of Village - Ragharpura, P.S.- Sursand, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinku Kumari Wife of Bajrangi Mandal D/O Sri Prasad Mandal, Resident of Village - Ragharpura, P.S.- Sursand, District - Sitamarhi. At present Resident of Village - Kanhawa @ Kanhawan, P.S.- Bela, District - Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 This application, for grant of anticipatory bail, arises out of Bela P.S. Case No. 115 of 2019, disclosing offences under Section 498A of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the informant and allegation against him is of subjecting her to cruelty in connection with demand of dowry Submission of learned counsel for the petitioners that the allegation is false and concocted and he is still ready to keep her with full honour and dignity and he has made such submission before the learned Additional Sessions Judge, also but the same has not been considered.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.76885 of 2019(2) dt.20-01-2020 2/2 Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below on 27.01.2020, on which, the court below shall release the petitioner on provisional bail to his own satisfaction and in the meantime, the court below shall issue notice to the informant and on her appearance, if the informant is ready to reside with the petitioner, the court below shall extend the provisional bail of the petitioner for further period of six months, during that period, the court below will watch the conduct of the parties by calling the informant and petitioner in the first week of each month for a period of six months and after six months, if the court below is satisfied with the conduct of the parties, specially the conduct of the petitioner, he will confirm the provisional bail of the petitioner otherwise, he will be free to pass any order as he deems fit and proper including cancellation of bail bonds of the petitioner.

It is made clear that if on notice, informant - opposite party no. 2 does not appear or on appearance, she refuse to live with the petitioner without any cogent reasons, in that situation also, the court below shall confirm the provisional bail of the petitioner. (Vinod Kumar Sinha, J) sunilkumar/- U T