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Subhash Kumar Mandal @ Subhash Mandal v. The State of Bihar

Patna HC4 Feb 2023CR. MISC./74477/2022

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to a husband arrested in a case involving dowry and cruelty charges. The bail was conditioned on monthly maintenance payment to the wife and referral for reconciliation.

What did the court decide?

Petitioner granted anticipatory bail on furnishing Rs.25,000 bond and two sureties, conditioned on monthly payment of Rs.3000 and compliance with reconciliation procedures.

Subhash Kumar Mandal @ Subhash 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.74477 of 2022

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Arising Out of PS. Case No.-193 Year-2021 Thana- SONO District- Jamui

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====================================================== SUBHASH KUMAR MANDAL @ SUBHASH MANDAL SON OF MAHABIR MANDAL R/O KATAHRATAR, P.S.- SONO, DISTRICTJAMUI.

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Sinha For the Opposite Party/s : Mr.Pushpa Sinha.1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 04-02-2023 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 326, 307, 498(A) and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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Petitioner, who is husband of the informant, is said to have ousted her from her matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full

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Patna High Court CR. MISC. No.74477 of 2022(2) dt.04-02-2023 2/3

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honour and dignity. 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 that 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 connection with Sono P.S. Case No.193 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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Petitioner is ready to pay Rs.3000/- (rupees three thousand) per month to the informant in the second week of every month. If petitioner fails to pay the aforesaid amount on two consecutive months, the informant shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.

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It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Patna High Court CR. MISC. No.74477 of 2022(2) dt.04-02-2023 3/3

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Learned court below is directed to issue notice to informant/complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned court below which will be released in favour of the informant/complainant after she furnishes her bank account details.

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If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for 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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S.KUMAR/-

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U T

Subhash Kumar Mandal @ Subhash Mandal v. The State of Bihar

Case brief

What is this about?

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Subhash Kumar Mandal @ Subhash Mandal v. The State of Bihar

Case brief

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