Allowed

Bihari Mandal v. State Of Bihar and Anr.

Patna HC25 Apr 2019CR. MISC./146/2019

Case brief

AI extract

What is this about?

In an application for anticipatory bail arising from an IPC case involving dowry cruelty and assault, the High Court allowed the bail. It imposed conditions requiring the petitioner to cooperate with any maintenance proceedings initiated by the wife and stipulated bail bonds with sureties.

What did the court decide?

Anticipatory bail allowed subject to furnishing a bond of Rs. 25,000 with two sureties and a condition to cooperate with any maintenance case filed by the complainant.

Bihari Mandal Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.146 of 2019

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Arising Out of PS. Case No.-416 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur

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======================================================

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Bihari Mandal son of Ramdeo Mandal, Resident of Village - Jogia, P.S.Goradih, District - Bhagalpur.

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... ... Petitioner/s

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Versus

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State Of Bihar

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Poonam Devi Wife of Bihari Mandal, D/o Bachneshwar Singh presently residing at Village- Kotwali, P.S.- Rajoun, District- Banka.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Jha For the Opposite Party/s : Mr.Sri Nityanand ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 25-04-2019 This application, for grant of anticipatory bail, arises

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out of Complaint Case No. 416 of 2017, disclosing offences under Sections 323, 341, 498(A)/34 of the Indian Penal Code.

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Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to assault and cruelty with respect to demand of dowry and in spite of intervention by the Panchs, he did not obey the order of Panchs and opposite party no. 2 is residing in her maike and he is not coming for Bidagari and not paying any money.

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Submission of learned counsel for the petitioner is that he is still ready to keep the complainant with full honour and dignity and she herself does not want to live with the

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Patna High Court CR. MISC. No.146 of 2019(4) dt.25-04-2019 2/3

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petitioner and makes false allegation that petitioner drinks toddy and assault her.

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Heard learned A.P.P. also.

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Earlier notice was issued to the complainant and the same has also been received by her father and mother and petitioner has also filed an affidavit showing jointness between the complainant and her parents but in spite of that she has not appeared.

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Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bhagalpur, in connection with Complaint Case No. 416 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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It is further subject to the condition that if any maintenance case is filed by the complainant – opposite party no. 2, the petitioner will cooperate in disposal of the same and abide by the any order passed in the said maintenance case, otherwise, complainant shall be at liberty to move for

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Patna High Court CR. MISC. No.146 of 2019(4) dt.25-04-2019 3/3

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cancellation of bail bonds of the petitioner.

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(Vinod Kumar Sinha, J)

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sunilkumar/-

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U T

Bihari Mandal v. State Of Bihar and Anr.

Case brief

What is this about?

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Bihari Mandal v. State Of Bihar and Anr.

Case brief

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