Allowed

Vijay Kumar Mandal v. The State of Bihar

Patna HC18 Dec 2023CR. MISC./25087/2023

Case brief

AI extract

What is this about?

Three accused in a complaint alleging money taken for a marriage that never materialised sought bail on apprehending arrest, citing co-accused's earlier bail and lack of criminal antecedents.

What did the court decide?

Petitioners to be released on bail on furnishing bail bond of Rs.25,000 each with two like sureties within six weeks of arrest or surrender, subject to Section 438(2) Cr.P.C. conditions.

Vijay Kumar Mandal 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.25087 of 2023

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Arising Out of PS. Case No.-482 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger

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

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VIJAY KUMAR MANDAL SON OF LATE DURGA MANDAL TARI JORE POLICE STATION MATIGANA TARI SILLIGURI DISTRICT DARJEELING WEST BENGAL

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GAUTAM KUMAR MANDAL SON OF VIJAY KUMAR MANDAL TARI JORE POLICE STATION MATIGANA TARI SILLIGURI DISTRICT DARJEELING WEST BENGAL

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ANITA DEVI WIFE OF VIJAY KUMAR MANDAL TARI JORE POLICE STATION MATIGANA TARI SILLIGURI DISTRICT DARJEELING WEST BENGAL

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... ... Petitioner/s

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Versus

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The State of Bihar

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RAJESH PRASAD SON OF LATE CHHOTE LAL MAHTO RESIDNET OF VILLAGE- GARDEN BAZAR , PS- KOTWALI, DISTT- MUNGER

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karuna Nath Sahay For the Opposite Party/s : Mr. Vinod Shanker Modi For the O.P. No.2 : Mr. Manoj Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 18-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the opposite party no.2 .

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420 and 406/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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In the complaint petition, it is alleged that co-accused,

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Patna High Court CR. MISC. No.25087 of 2023(4) dt.18-12-2023 2/3

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Ambika Prasad, being a middle man, negotiated for marriage of second daughter of the complainant and ring ceremony was performed. Co-accused Ambika Prasad demanded Rs.5 lacs so that the petitioner no.1 can purchase flat in Mumbai. Complainant transferred to Rs.3 lacs in the account of petitioner no.2 and Rs.1,85,000/- was given in cash to petitioner no.3 at Silliguri. When the marriage was denied by the accused persons, the complainant asked petitioner no.1 to return his money but no satisfactory reply was given. It is further alleged that neither the expenses incurred on ring ceremony nor the cash money or the money which was transferred in the bank account has been returned to him.

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It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the entire case of the prosecution is false, fabricated, concocted and afterthought to pressurize these petitioners to marry with the daughter of the complainant and nothing else. It is further submitted that co-accused, Ambika Prasad and Anand Kumar have been granted anticipatory bail on 06.01.2023 by the learned Court

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Patna High Court CR. MISC. No.25087 of 2023(4) dt.18-12-2023 3/3

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below and the case of the petitioners stand on better footing. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.482C of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Vijay Kumar Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Kumar Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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