Mantu Bahardar @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85313 of 2024 Arising Out of PS. Case No.-1760 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== Mantu Bahardar @ Mantu Kumar S/o Dinesh Bahardar R/o vill - Tarauna Bhojpur, ward no. 5, P.s .- Tarabari, Distt.- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Kumari W/o Mantu Bahardar, D/o Umakant Singh R/o vill- Tarauna, Bhojpur, P.S. - Tarabari, Distt.- Araria, At Present R/o vill - Kajra, ward no. 11, P.s. - Raniganj, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 341, 323, 498A/34 of the Indian Penal Code.

3. Petitioner is alleged to be the husband of opposite party no. 2. The prosecution case is based upon a complaint filed by the complainant in which she has made an allegation of demand of dowry and torture.

4. Learned counsel for the petitioner, at the outset, submits that the petitioner has never been married with the complainant and he is not the husband of the said complainant. As a matter of fact, the complainant's marriage was solemnized with one Satyadev Singh whose name and address has been given in detail in para-8 of the application and affidavit to such

Patna High Court CR. MISC. No.85313 of 2024(3) dt.01-05-2025 2/2 effect has also been brought on record by way of Annexure-2 to the present petition. It has been stated that the present case has only been lodged against the petitioner for the purpose of extortion of money while the allegations levelled in the complaint petition against the petitioner are not correct.

5. The application has been opposed by the learned APP for the State and learned counsel for the complainant by supporting the facts and narrated in the complaint petition.

6. Taking into consideration the fact that the factum of marriage is itself in dispute, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Araria in connection with Complaint Case No. 1760(C) of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) devendra/- U T