Dharmanand Mandal @ Dhamchan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.409 of 2020 Arising Out of PS. Case No.-21 Year-2007 Thana- SIKTI District- Araria ====================================================== DHARMANAND MANDAL @ DHAMCHAN Son of Hridyalal Mandal Village- Bokantari, Ward No.4, P.S.- Sikti, District- Araria. ... Petitioner/s

Versus

The State of Bihar and Anr.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State through virtual mode.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. The petitioner apprehends his arrest in connection with Sikty P.S. Case No. 21 of 2007 registered for offence punishable under sections 498-A, 323 and 379 of the Indian Penal Code. As per office report, notice was received by the father of the opposite party no. 2, but none appeared on behalf of the opposite party no. 2.

The learned counsel for the petitioner has submitted that the reason for non-appearance of the opposite party no. 2 is that she has solemnized her second marriage and the petitioner has also solemnized his second marriage. He has further submitted that

Patna High Court CR. MISC. No.409 of 2020(5) dt.05-01-2022 2/2 both the parties have compromised the case and xerox copy of certified copy of compromise petition has been annexed as Annexure-2.

The Annexure-2 shows that the compromise has taken place between both the parties and both the parties have expressed their willingness not to pursue the case.

Considering the above mentioned facts and circumstances, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Araria in connection with Sikty P.S. Case No. 21 of 2007, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T