Santosh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86077 of 2023 Arising Out of PS. Case No.-12 Year-2022 Thana- MAHILA P.S. District- Banka ====================================================== Santosh Pandit Son of Madhusudan Pandit R/o vill - Madaura, P.S. - Banka, Distt. - Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangita Devi W/o Santosh Pandit, D/o Kapildeo Pandit R/o vill - Dasua, P.s. - Belhar, Distt. - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-02-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Banka Mahila P.S. Case No. 12 of 2022, registered for the offences punishable under Sections 498A, 494, 504, 506/34 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act.

3. As per allegation, the informant Sangita Devi was married to the petitioner. Three years prior to lodging of the FIR, the accused persons started torturing her for non-fulfillment of demand of Rs. 50,000/- and a motorcycle. Thereafter, the petitioner, as per allegation, performed his second marriage.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, opposite party no. 2 is not willing to reside

Patna High Court CR. MISC. No.86077 of 2023(7) dt.11-02-2025 2/2 with the petitioner. He has further submitted that the mediator's report shows that the husband was continuously present on the dates fixed by the learned Mediator for conciliation, but the informant did not appear on a single date.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Banka in connection with Banka Mahila P.S. Case No. 12 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T