Allowed

Nitish Mandal v. The State of Bihar

Patna HC19 Oct 2022CR. MISC./23586/2022

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to the petitioner in a dowry harassment case under Section 498A IPC. Bail was subject to conditions including monthly maintenance payments to the wife and appearance on arrest within six weeks.

What did the court decide?

Petitioner released on bail in case of arrest or surrender within six weeks, conditioned on furnishing bond and monthly maintenance to the wife.

Nitish Mandal Vs The State of Bihar — Dowry and Cruelty | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23586 of 2022

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Arising Out of PS. Case No.-177 Year-2021 Thana- COMPLAINT CASE District- Jamui

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

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Nitish Mandal S/O Narayan Mandal Resident Of Village- Tarakura, Tola Rajabathan, P.O. And P.S.- Jhajha, District- Jamui.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Pinki Devi W/o Nitish Mandal, presently D/o Shadhu Mandal Resident of Village- Chhuchhunariya, P.S.- Jhajha, District- Jamui.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 19-10-2022 Heard the parties.

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The petitioner apprehends his arrest in a case registered under sections 498A of the Indian Penal Code.

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The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

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It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion and grudge. There is general and omnibus allegation against the

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Patna High Court CR. MISC. No.23586 of 2022(3) dt.19-10-2022 2/3

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petitioner. The petitioner has 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.

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In view of the matter, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Complaint Case No. 177C/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Petitioner is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below.

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It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner.

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It goes without saying that the aforesaid payment

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Patna High Court CR. MISC. No.23586 of 2022(3) dt.19-10-2022 3/3

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shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

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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.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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ajay/-

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U T

Nitish Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Mandal v. The State of Bihar

Case brief

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What did the court decide?

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