Akhilesh Mahto v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.6255 of 2015 (2) dt.16-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6255 of 2015 Arising Out of PS.Case No. -1168 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ======================================================

1. Akhilesh Mahto Son of Rambilash Mahto Resident of village - Muradpur Bangra, P.S. National Highway Bangra, District - Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mitlesh Devi Wife of Akhilesh Mahto Resident of village - Muradpur Bangra, P.S. National Highway Bangra, District - Samastipur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with C.R. case no. 1168/2013 in which cognizance has been taken under sections 498A, 494 of the IPC and section 3/ 4 of the D.P. Act. Marriage of the petitioner was solemnized with the complainant in the year 1991 and accusation against the petitioner is that he solemnized his second marriage with co-accused Draupadi Devi and ousted the complainant from her matrimonial home. The contention on behalf of the petitioner is that complainant herself deserted the petitioner and thereafter, petitioner solemnized second marriage with co-accused Draupadi Devi but subsequently, petitioner fell ill and thereafter, complainant lodged this case with an intent to grab the property of the petitioner.

Patna High Court Cr.Misc. No.6255 of 2015 (2) dt.16-02-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Samastipur in Tr. no.6231/2014 arising out of C.R. case no. 1168/2013 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T