MANDEEP KUMAR YADAV @ MANDEEP YADAV v. THE STATE OF BIHAR
Case at a glance
Outcome
Disposed of
Accordingly, this application stands disposed of
Provisions considered
- Indian Penal Code, 1860 ss. 34, 323, 341, 498A
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
THE STATE OF BIHAR Chandani Kumari W/o Mandeep Kumar Yadav @ Mandeep Yadav Resident of Village- Uttarpali Rice Mill Ward No.01, Mahabir Marg, P.S.- Kishanganj District- Kishanganj. at present residing- D/o Pradeep Mandal resident of Village- Dumaria Bhatta, P.S.- Kishanganj, District- Kishanganj. ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Rajeev Ranjan Mr.Ramchandra Singh 3 09-11-2022 Heard the parties. The petitioner apprehends his arrest in a case registered under sections 341, 323, 498A/34 of the Indian Penal Code and 3/4 of D.P. Act. The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion and Patna High Court CR. MISC. No.24551 of 2022(3) dt.09-11-2022 grudge.
There is general and omnibus allegation against the petitioner. 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. In 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 Kishanganj Mahila P.S. Case No.04 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Petitioner is ready to pay Rs.5000/- (Rupees Five Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below.
Operative part
It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. Patna High Court CR. MISC. No.24551 of 2022(3) dt.09-11-2022 It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) shikha/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this application stands disposed of
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 323, 341, 498A; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.