Manoj Mandal @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79829 of 2019 Arising Out of PS. Case No.-17 Year-2015 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MANOJ MANDAL @ MANOJ KUMAR Son of Bhado Mandal Resident of Village- Kursela, P.S.- Kursela, District- Katihar. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pinki Devi Wife of Manoj Mandal @ Manoj Kumar, Daughter of Sri Kailash Mandal Resident of Village- Jhawan, P.O.- Akhidatpur, P.O.- Kharik, District- Bhagalpur.

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 494, 323, 147, 307, 148, 406 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner has

Patna High Court CR. MISC. No.79829 of 2019(2) dt.06-12-2019 2/2 relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Naugachia, Bhagalpur in connection with Complaint Case No. 17/15, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Pankaj/- U T