Allowed

Bihari Mandal v. The State of Bihar

Patna HC11 Dec 2024CR. MISC./84890/2024

Case brief

AI extract

What is this about?

Husband sought anticipatory bail in a complaint case alleging dowry demand and cruelty by wife. Court granted bail on furnishing bonds with two sureties within eight weeks, subject to Section 438(2) Cr.P.C. conditions and conditions regarding concealed antecedents or false statements.

What did the court decide?

Anticipatory bail granted: enlargement on arrest/surrender within eight weeks on Rs. 10,000 bail bond with two sureties, subject to Section 438(2) Cr.P.C. conditions.

Bihari Mandal Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84890 of 2024

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Arising Out of PS. Case No.-2442 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar

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Bihari Mandal Son of Late Ram Prasad Mandal R/o Village- Dogachhi, Kewala (Nawabganj) Police Station- Manihari, District -Katihar

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... ... Petitioner/s

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Versus

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The State of Bihar

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Priyanka Devi Wife of Bihari Mandal R/o Village- Dogachhi, Kewala (Nawabganj) Police Station- Manihari, District -Katihar At P/A- Residing at Kushaha Bhargama, Ps- Manihari, Dist- katihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Mandal, Advocate For the State : Mr. Upendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 11-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for

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the State.

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The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Katihar Complaint Case No. 2442 of 2022, filed for the offences punishable under Sections 498A and 494 of the Indian Penal Code and Section ¾ of Dowry Prohibition Act.

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As per the allegation, there was demand of additional dowry and on account of non-fulfillment of the same, the informant/wife has been subjected to cruelty by the petitioner-husband and other family members.

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Ld. counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.84890 of 2024(2) dt.11-12-2024 2/3

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Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, marriage is not working between the parties. He further submits that on account of matrimonial discord, this false case has been filed against the petitioner.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the petition that the petitioner no criminal antecedent.

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However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Sub Divisional Judicial Magistrate, Katihar, in connection with Katihar Complaint Case No. 2442 of 2022, subject to the conditions as laid down under Section 438 (2)

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Patna High Court CR. MISC. No.84890 of 2024(2) dt.11-12-2024 3/3

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Cr.P.C. and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J)

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shoaib/-

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U T

Bihari Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bihari Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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