Patna High Court – Orders
Pappu Mandal @ Pappu vs The State Of Bihar on 25 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51175 of 2024 Arising Out of PS. Case No.-599 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Pappu Mandal @ Pappu son of Parmeshwar Mandal Village- Sankaurth, Ps- Pandaul Dist- Madhubani ... ... Petitioner/s Versus 1. The State of Bihar 2. Puja Kumari wife of Pappu Mandal, D/o- Abhinath Mandal Village- Magrouni Ps- Rajnagar Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Complainant : Mr. Murari Narain Choudhary, Advocate For the State : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 4 25-06-2025
Heard Mr. Shailendra Kumar Jha, learned counsel
for the petitioner, Mr. Murari Narain Chaudhary, learned
counsel appearing on behalf of the Complainant and Dr. Indiwar
Kumari, learned APP for the State.
2. The petitioner is apprehending his arrest
connection with C.R. No. 599 of 2023, dated 12.07.2023
registered for the offences punishable under Sections 323, 341,
379, 498A, 504, 34 of the Indian Penal Code but the cognizance
has been against the petitioner only under Section 498A of the
Indian Penal Code.
3. Petitioner is husband of the Complainant.
Allegation is of demand of dowry and torture for the same.
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4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case merely on the ground that the
petitioner is the husband of the complainant. He further submits
that the allegation as alleged in the F.I.R. is false and fabricated
and the petitioner has not committed any offence as alleged in
the F.I.R. and before filing of the present complaint petition, the
petitioner has filed a Matrimonial Case No. 217 of 2023 before
the learned Family Court, Principal Judge, Madhubani on
06.07.2023 and when complainant came to know about the
Divorce case filed by the petitioner then she has filed the
present Complaint Petition on 12.07.2023 only to harass the
petitioner.
5. Vide order dated 11.04.2025, the matter was
referred before the Patna High Court, Mediation Centre for
settle the dispute between the parties but the report of the
learned Mediation dated 21.05.2025 reveals that the dispute
between the parties could not be resolved through the process of
mediation.
6. Learned counsel for the Complainant/Opposite
Party No. 2 , on the other hand, submits that this Court directs to
the petitioner to pay some amount as an interim maintenance to
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the complainant.
7. Learned counsel for the petitioner on instruction
submits that the petitioner is ready to pay Rs. 5,000/- per month
to the Complainant/Opposite Party No. 2 as a maintenance
amount till the disposal of the Maintenance Case, if any. The
Bank details is as follows:
Complainant : Pooja Kumari
Bank Account No. 008710710841
CIR No: 6107982084
IFSC Code- IPO50000001
Bank Name- India Post Payments Bank
8. Learned counsel for the Complainant/Opposite
Party No. 2 has no objection in this regard.
9. Considering the facts and circumstances of the
case, let the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. Vth, Madhubani in connection with C.R. No.
599 of 2023, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure and with
other following conditions :-
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(i) The petitioner shall deposit Rs. 5,000/- by way of
demand draft in favour of the Complainant/Opposite Party No. 2
at the time of furnishing bail bond and the learned Court below
is directed to hand over the same in favour of the Complainant
or his representative and the petitioner shall pay Rs. 5,000/- per
month regularly to the Complainant/Opposite Party No.2 in her
Bank account and if the petitioner fails to pay the aforesaid
maintenance amount to the Complainant/Opposite Party No. 2,
the Complainant/Opposite Party No. 2 shall be at liberty to
move before the appropriate forum for cancellation of the bail
bond of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(iii) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(iv) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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