Munna Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88460 of 2024 Arising Out of PS. Case No.-65 Year-2020 Thana- MAHILA P.S. District- Bhojpur ====================================================== Munna Prasad S/O Mallu Prasad R/O Village- Maluhipur, P.S.- Ara Nagar, District- Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Chanchal Devi D/O Ajay Prasad R/O Village- Barhaiya tola ,Ekwari , P.S.- Sahar, District- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-05-2025 Heard the parties.
2. At the outset, this Court has to take note of the fact that repeatedly, such kind of petition is being filed which escape the eyes of the Stamp Reporter inasmuch as in one page, 34 lines are typed causing inconvenience to the Court and it is unable to go through the contents.
3. In that background, the Stamp Reporter is to file his/her show cause as to how such kind of petitions are being screened/cleared despite the High Court Rules prohibiting incorporation of more than the prescribed lines.
4. The petitioner is apprehending arrest in connection with Mahila P.S. Case No. 65 of 2020 instituted under Sections 498A, 34 of the Indian Penal Code and under section 3/4 of the
2/4 Dowry Prohibition Act lodged on 29.08.2020 by the informant, Chanchal Devi.
5. As per the prosecution story, the informant alleged that the marriage was solemnized in the year 2019 in a temple, she went to the in-laws' house but was always tortured and finally in the year 2020, she was thrown. This led to the FIR.
6. Learned counsel for the petitioner submits that he has tried his level best to keep her, the lady is not returning and in the meantime, Matrimonial Case No. 03 of 2020 has also been filed before the learned Principal Judge, Bhojpur at Ara.
7. In this case, the coordinate bench had issued notice to the opposite party no.2 and the register cover notice has been received personally by her.
8. Learned APP opposes the prayer submitting that he has delayed coming to the Court. Though, on the ground of delay, it is worth dismissal, the fact remains that the coordinate bench issued notice, it has been duly received by the lady who has chosen not to appear before this Court, the petitioner do not have criminal antecedent, an intention to keep the lady with dignity and honour has been recorded in the petition, he undertakes to visit the in-laws' house within a fortnight to pursue her to come to his home has been made, in that
3/4 background, this Court is inclined to extend him the privilege of anticipatory bail.
9. Post visit, he will have to file a petition before the learned Trial Court detailing out the development that took place. Failure to do so, the prosecution side will be at liberty to cancel the bail bond.
10. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Mahila P.S. Case No. 65 of 2020 to the satisfaction of learned C.J.M., Bhojpur at Ara subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation
4/4 and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
11. List on 15.05.2025 under the heading 'To Be Mentioned' to peruse the show cause report of the Stamp Reporter.
(Rajiv Roy, J) Ravi/- U T