Dhirendra Kumar @ Subodh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81024 of 2019 Arising Out of PS. Case No.-371 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Dhirendra Kumar @ Subodh Mandal Son of Narayan Mandal Resident of Village - Basant, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner

Versus

1.

The State of Bihar 2.

Shiv Shankar Mandal Son of Late Ramcharitar Mandal Resident of Village - Rewasi, P.S.- Rega, District- Sitamarhi ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Jha, Advocate For the Opposite Party/s :

Mr.Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Runni Saidpur P.S. Case No. 371 of 2019 registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 37 (C) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Learned counsel further submits that petitioner is ready to keep his wife with full honour and dignity. Petitioner is in custody since 13.09.2019.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.81024 of 2019(2) dt.16-12-2019 2/3 bail.

Considering the facts and circumstances of the case, wherein the allegation against the petitioner is that he was creating nuisance and was indulging in beating after taking liquour, however, the submission of learned counsel for the petitioner is that those allegations are completely vague and in fact there being some matrimonial dispute the present case has been lodged even though the petitioner is looking for restitution of conjugal life with his wife and has remained in custody since 13.09.2019 having otherwise no criminal antecedent, let the petitioner above named be released on bail in connection with Runni Saidpur P.S. Case No. 371 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned IInd Additional Sessions Judge-cum-Special Judge, Excise Act, Sitamarhi, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.81024 of 2019(2) dt.16-12-2019 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T