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Arjun Kumar Mandal @ Arjun Kumar v. the State of Bihar

Patna HC5 Sept 2023CR. MISC./18975/2023

Case brief

AI extract

What is this about?

This oral order granted anticipatory bail to the petitioner in a summons case alleging torture under dowry laws. The High Court allowed bail upon surrender within six weeks, subject to bond conditions and Magistrate supervision.

What did the court decide?

Petitioner enlarged on bail upon surrender within six weeks with bond of Rs. 10,000 and two sureties of like amount subject to Section 438(2) CrPC conditions.

Arjun Kumar Mandal @ Arjun Kumar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 18975 of 2023

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Arising Out of PS. Case No.-734 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia

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====================================================== ARJUN KUMAR MANDAL @ ARJUN KUMAR SON OF AKHILESH MANDAL RESIDENT OF VILLAGE- MOHALIYA, PURANDEHA WARD NO. 13 PS- DHAMDAHA, DISTRICT- PURNEA

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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ARTI KUMARI WIFE OF ARJUN KUMAR RESIDENT OF BISHANPURDUTT, WARD NO. 1 PS BANMANKHI, DISTRICTPURNEA

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... ... Opposite Party/s

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====================================================== For the Petitioner/s : Mr Md Fazle Karim, Advocate For the Opposite Party/s : Mr Ajay Kumar No 2, APP ======================================================

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CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 05-09-2023

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Heard learned counsel for the petitioner and the learned APP.

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2 Despite valid service of notice, no body appears on behalf of Opposite Party No 2.

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3 The petitioner apprehends arrest in C A Case No 734 of 2022 registered for the offence punishable under Sections 498A, 494 of Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

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4 As per the prosecution case, all the named accused persons including this petitioner tortured and harassed the complainant due to non-fulfillment of demand of dowry.

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5 Learned counsel for the petitioner submits that the petitioner happens to be husband of the complainant and present

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Patna High Court CR. MISC. No.18975 of 2023(4) dt.05-09-2023 2/2

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case has been lodged due to petty family dispute. There is general and omnibus allegation of commission of assault against him. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, petitioner has relied upon a judgment of this Court in the case of Md Najmul Haque Ansari @ Naimul Haque Ansari & Others -Versus- The State of Bihar , since reported in 2006 (3) PLJR 182 .

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6 Learned APP has vehemently opposed the prayer for anticipatory bail.

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7 Considering the rival submissions, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01^st Class, Purnea in C A Case No 734 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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M.E.H. /-

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U T

Arjun Kumar Mandal @ Arjun Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Arjun Kumar Mandal @ Arjun Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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