Jitendra @ Jito Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.683 of 2020 Arising Out of PS. Case No.-69 Year-2016 Thana- MANSI District- Khagaria ====================================================== JITENDRA @ JITO MANDAL Son of Bilash Mandal Resident of Village - English Banni, P.S.- Maheshkhunt, Distt.- Khagaria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sonamati Devi D/o Guneshwar Sahani Resident of Village - Chukti, P.S.- Mansi, Distt.- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajit Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-03-2021 Heard both sides.

The petitioner apprehends his arrest in Mansi P.S. Case No.69 of 2016 registered under Sections 323, 498A and 494 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

The learned counsel for the petitioner submits that petitioner is the husband of the informant. The petitioner is ready to keep his wife. All the allegations are false and concocted. The petitioner has not solemnised second marriage. The prayer for anticipatory bail of the petitioner was rejected on the ground that investigating officer extended privilege of Section 41A of the Cr.P.C. to the petitioner but the petitioner has got every apprehension of being arrested.

Patna High Court CR. MISC. No.683 of 2020(5) dt.05-03-2021 2/2 Taking into consideration the facts that the petitioner is ready to keep his wife, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from today and on such, learned court below shall enlarge the petitioner on provisional anticipatory bail for four months on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria/Successor Court in connection with Mansi P.S. Case No.69 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Thereafter, the learned court below shall make efforts for resolution of the disputes between the husband and the wife. If the dispute is amicably resolved, the provisional bail granted to the petitioner shall be confirmed. If the dispute between the husband and the wife is not amicably resolved and petitioner is not willing to keep his wife, learned court below shall pass order in accordance with law on the provisional bail of the petitioner immediately after lapse of four months.

(Prabhat Kumar Jha, J) Saurabh/- U T