BINOD MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the O.P. No. 2. The petitioner apprehends his arrest in connection with a case registered under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act. It is stated that the present case is an abuse of the process of Court. On 5.10.2009, the petitioner had filed Matrimonial Divorce Case under Section 13(1)(b) of the Hindu Marriage Act seeking decree of divorce and the said case is pending in the Court of Principal Judge, Family Court, Bhagalpur. On 31.12.2009, the complainant had filed a police case being Naugachhia P.S. Case No. 300 of 2009 under Section 498A of IPC. In that case, the petitioner was granted bail on 12.1.2010 by the Court below. Only after ten days of the grant of bail and twenty-two days of the institution of police case, the present complaint was filed on 22.1.2010.

(2.) Considering the facts and circumstances of the case, in the event of arrest or surrender before the Court below within a period of six weeks from the date of receipt/ communication of the order, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Begusarai in Complaint Case No. 127C of 2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.