Harikesh Mehta @ Santosh Mehta @ Harishikesh Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11437 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== HARIKESH MEHTA @ SANTOSH MEHTA @ HARISHIKESH MEHTA, Son of Anand Mahto, Resident of Mohalla- Khara Kuan Idgah Road Gai Ghat, P.S.- Alamganj, District- Patna.
... ... Petitioner
Versus
1. THE STATE OF BIHAR
2. Kumari Neha, d/o Arun Kumar, resident of Karbigahia, P.s. Jakkanpur, Dist. Patna ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Mouar For the Opposite Party/s :
Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 135 of 2018 registered for the offences punishable under Sections 498A, 494, 506, 509, 420 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
Allegation against the petitioner is that opposite party No.2 after her marriage with the petitioner came to know that petitioner has already married and also there is allegation against the petitioner is of demanding Rs.2 lacs and subjecting the opposite party No.2 to harassment.
Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and she was in
Patna High Court CR. MISC. No.11437 of 2019(4) dt.03-05-2019 2/3 living relationship with the petitioner and not married with the petitioner, which will appear from Annexure-5 to the supplementary affidavit, which is her declaration in the form of 'RESUME' on 19.12.2018 in which she declared in the column of marital status as "Unmarried" and the allegation of demand and torture are false and concocted but in spite of that fact petitioner is ready to keep her with dignity and care. Heard learned APP and learned counsel for the opposite party, who has opposed the prayer for anticipatory bail stating that she is not ready to reside with the petitioner as he is a cruel person.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Smt. Priya Shekhar, Judicial Magistrate, 1st class, Patna, in connection with Mahila P.S.Case No. 135 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the
Patna High Court CR. MISC. No.11437 of 2019(4) dt.03-05-2019 3/3 court concerned and further condition is that petitioner has to co-operate in the investigation and once charge sheet has been submitted, he has to co-operate in disposal of trial and appear before the court as and when required.
(Vinod Kumar Sinha, J) spal/- U T