Allowed

Bajrangi Mandal v. State Of Bihar and Anr.

Patna HC24 Apr 2014CR. MISC./17561/2014

Case brief

AI extract

What is this about?

The petition sought to quash an order dismissing a bail plea due to alleged non-compliance with provisional bail terms. The High Court observed that earlier provisional bail remained valid. It extended the provisional bail for six months on condition of marital reconciliation, without requiring fresh bonds.

What did the court decide?

Petitioner to continue on provisional bail bonds for a further period of six months; confirmation of provisional bail subject to conditions of marital harmony.

Bajrangi Mandal Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17561 of 2014

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====================================================== Bajrangi Mandal .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-04-2014 Heard learned counsels for the petitioner, informant and

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the State.

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The present application has been filed for quashing the order dated 26.2.2014 passed in B.P. No. 261(L) of 2013 in connection with Kajra P.S. Case No. 2 of 2013 by the learned Additional Sessions Judge, Lakhisarai whereby the petitioner’s bail application was disposed of.

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Factual matrix of the case is that the petitioner who is the husband of the informant, faced prosecution under sections 498A,379 and 506 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

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Order dated 3.5.2013 of the learned court below reflects that the petitioner was in custody since 1.4.2013 but was granted provisional bail since both sides agreed to file compromise petition on the next date. The learned court below directed the petitioner to furnish bail bonds and granted provisional bail till 15.5.2013. On

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Patna High Court Cr.Misc. No.17561 of 2014 (2) dt.24-04-2014

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15.5.2013 the provisional bail was extended till 27.5.2013 and thereafter till 26.8.2013 when the informant filed a petition that she has been assaulted and ousted from the matrimonial house but after hearing the parties, the provisional bail was extended till 4.9.2013. Thereafter the period of provisional bail of the petitioner was extended till 8.1.2014 vide different orders of the learned court below. On 8.1.2014, the matter was adjourned for 30.1.2014 but no order was passed with regard to the extension of the period of provisional bail. On 30.1.2014, with consent of the parties, the matter was adjourned and again on 10.2.2014 the matter was directed to be listed on 26.2.2014 when the bail petition was disposed of on the ground that the petitioner was not on provisional bail.

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It appears that vide order dated 3.5.2013, the petitioner was directed to be released on provisional bail on furnishing bail bond of Rs.10000/- with two sureties but the orders of the learned court below do not reflect that the bail bonds of the petitioner was ever cancelled by the learned court below, hence, the disposal of the bail application in such manner is not in accordance with law.

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The petitioner is ready to keep the informant as wife with full dignity and honour. The offer is acceptable to the learned counsel for the informant. Both the sides agree to appear before

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Patna High Court Cr.Misc. No.17561 of 2014 (2) dt.24-04-2014

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the learned court below on 5.5.2014 when the petitioner will take the informant to her matrimonial house and keep her as wife with full dignity and honour.

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The provisional bail granted to the petitioner vide order dated 3.5.2013 is allowed to continue for further period of six months from today. The petitioner is not required to furnish fresh bail bonds since he has already furnished the same.

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The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities – (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue.

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(Dinesh Kumar Singh, J)

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Anil/-

Bajrangi Mandal v. State Of Bihar and Anr.

Case brief

What is this about?

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Bajrangi Mandal v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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