The High Court at Patna granted anticipatory bail to the petitioner in a criminal case under Section 498-A IPC, directing removal of filing defects and setting bail conditions.
Release on bail within four weeks of arrest/surrender upon furnishing bonds of Rs.10,000 with two sureties and remission of defects.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12043 of 2021
Arising Out of PS. Case No.-904 Year-2015 Thana- MADHUBANI COMPLAINT CASE District- Madhubani
======================================================
ROHIT MANDAL Son of Late Maheshwar Mandal, Resident of Village - Pandaul Kamalpur, P.S.- Pandaul, District - Madhubani.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha For the Opposite Party/s : Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
3 21-02-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with C.R. No. 904/2015 registered for offence punishable under section 498 (A) of the Indian Penal Code.
In order to explore the possibility of amicable settlement of the dispute, opposite party no. 2 was noticed. The service report of notice is available with the record with office note, which shows that the father of opposite party no. 2 has received the notice despite that none appeared on her behalf.
The learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.12043 of 2021(3) dt.21-02-2022 2/2
opposite party no. 2 has solemnized her second marriage in Kolkata and she is residing there after solemnizing of her second marriage and it was the reason that she left pairvi in that case since 2016. He has further submitted that he has filed the xerox copy of photograph of second marriage of opposite party no. 2 with another person, which has been annexed as Annexure-2 and this factum has been mentioned in paragraph No.15 of the bail petition.
Considering the above mentioned facts and circumstances, let the petitioner above named, in the event of his arrest or surrender, within four weeks from today, 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 Judicial Magistrate 1st Class, Madhubani in connection with C.R. No. 904/2015, 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/Kamlesh
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case registered under Section 498-A IPC.
1 provisions across 1 enactments
ROHIT MANDAL
THE STATE OF BIHAR
PUNAM DEVI
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
