Anand Mahto v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5378 of 2019 Arising Out of PS. Case No.-945 Year-2017 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Anand Mahto Son of late Ramdeep Mahto @ Ramdit Mahto Resident of Village - Bisun Bigaha, P.S. Jamhor, District- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Devi Wife of Anand Mahto Resident of Village - Bhadwa, P.S. Rafiganj, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 945 of 2017, disclosing offences under Sections 323, 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife to cruelty with respect to demand of a vehicle. Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is a farmer and still ready to keep the opposite party no.2. On the other hand, learned counsel for opposite party no.2 has submitted that as she has been subjected to cruelty, as such, she is not ready to reside with the petitioner and the

Patna High Court CR. MISC. No.5378 of 2019(4) dt.17-04-2019 2/2 petitioner is not paying any amount to her for her monthly expenditure.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case as stated above, this application is disposed of with a direction to the petitioner to surrender before the court below within a period of six weeks from the date of receipt of the order and on surrender if he is ready to pay Rs.2000/- per month to the opposite party no.2 at least for a period of one year, he will be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of court concerned and it is expected that the opposite party no.2 in the meantime will file a maintenance case before the Family Court and this order will be subject to the interim or final order of the Family Court in the said maintenance case.

(Vinod Kumar Sinha, J) Amjad/- U T