Somnath Manjhi @ Shubhnath Manjhi Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

Somnath Manjhi @ Shubhnath Manjhi Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner, conditioned on arrest or surrender within six weeks, bail bonds of Rs. 10,000 with two sureties of the like amount each, compliance with Section 438(2) Cr.P.C. conditions, and reservation to O.P. No. 2 of the right to seek cancellation upon breach of any mediation condition.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with PS Case No. 743 of 2022 (Siwan Mufassil) for offences punishable under Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

Court's answer

In the event of his arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

O.P. No. 2 is expressly at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event the petitioner breaches any condition of the mediation proceedings.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Criminal Miscellaneous No.72555 of 2023, oral order dated 29-08-2024, Justice Satyavrat Verma) to Somnath Manjhi @ Shubhnath Manjhi, who apprehended arrest in Siwan Mufassil PS Case No. 743 of 2022 for offences under Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. Counsel for the parties jointly reported that court-referred mediation had succeeded with certain conditions, and counsel for O.P. No. 2 Vandana Kumari stated he was instructed not to oppose the application. Release was ordered upon arrest or surrender within six weeks on bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; O.P. No. 2 was expressly permitted to seek cancellation of the bail if the petitioner breached any mediation condition. The anticipatory bail application was allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72555 of 2023

Arising Out of PS. Case No.-743 Year-2022 Thana- SIWAN MUFFASIL District- Siwan

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

Somnath Manjhi @ Shubhnath Manjhi Son Of Late Innardev Manjhi Resident Of Village - Phulwariya, P.S. - Dhanaut Op Mufassil, District - Siwan

... ... Petitioner/s

Versus

The State Of Bihar

Vandana Kumari W/O. Somnath Manjhi, D/O. Buchun Manjhi Resident Of Village - Allapur, P.S. - Barauli, District - Gopalganj

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Nitya Nand Tiwary For the O.P. No. 2 : Mr. Ajay Kumar Pandey ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

6 29-08-2024

Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the O.P. No. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the parties jointly submits that the case was referred for mediation and the mediation has succeeded with certain conditions.

The learned counsel appearing on behalf of the O.P. No. 2, at this stage, submits that he has instructions not to

Patna High Court CR. MISC. No.72555 of 2023(6) dt.29-08-2024 2/2

oppose the anticipatory bail application of the petitioner.

Considering the submissions made by the learned

counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Siwan Mufassil (Dhanauti O.P.) P.S. Case No. 743 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear that the O.P. No. 2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event if the petitioner breaches any condition of the mediation proceedings.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J)

Rishabh/-

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