Mukesh Mahto @ Mukesh Kumar Mahto And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2429 of 2019 Arising Out of Case No.-939 Year-2017 DARBHANGA COMPLAINT CASE DistrictDarbhanga ======================================================

1. Mukesh Mahto @ Mukesh Kumar Mahto S/o Mahendra Mahto Resident of Village- Rahimpur Rudauli P.S.-Samastipur Muffasil, District - Samastipur

2. Munnar Devi W/o Mahendra Mahto Resident of village- Rahimpur Rudauli, P.S.- Samastipur Mufassil, District- Samastipur

3. Mahendra Mahto S/o Late Baleshwar Mahto Resident of village- Rahimpur Rudauli, P.S.- Samastipur Mufassil, District- Samastipur ... ... Petitioner/s

Versus

1. The State Of Bihar and Anr Bihar

2. Geeta Devi Mukesh Mahto Resident of Village- Rahimpur, Rudauli, P.S.- Samastipur Mufassil, District - Samastipur presently Daughter of Late Ganaur Mahto, resident of village-Rajakha, P.S.- Baheri, District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2019 Heard both sides.

The petitioners apprehend their arrest in Complaint case No. 939 of 2017 registered under Section 307, 498A, 323, 379 of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act.

The learned counsel for the petitioners submits that the complainant alleged that she was married with Rambabu Mahto, elder brother of petitioner No.1, but after his death the complainant solemnized second marriage with Mukesh Mahto, petitioner No.1 but, in fact, the complainant pressurized the

Patna High Court Cr.Misc. No.2429 of 2019(2) dt.21-01-2019 2/2 petitioners to solemnize her marriage with petitioner No.1 and on refusal she filed this case.

Considering the facts that the complainant herself stated that she was earlier married with Rambabu Mahto, elder brother of petitioner No.1, and her second marriage was solemnized with petitioner No.1 five months ago but this fact has been denied by the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Complaint Case No. 939 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T