Sohit Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19177 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -LAKHNAUR District- MADHUBANI ====================================================== Sohit Mahto, Son of Laxmi Mahto, resident of Village- Tatuar, P.S.- Manigachhi, District- Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar
2. Lalita Devi, daughter of Ram Bilas Mahto, Resident of VillageBelouncha, P.S-. Lakhnour, District- Madhubani .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Baleshwar Kamat, Advocate For the S t a t e : Mr. Binod Kumar -III(APP) For O.P. No.2 : Mr. Gagan Deo Yadav, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of Opposite Party No.2 as well as the learned counsel for the State.
The petitioner is apprehending his arrest in connection with Lakhnour P.S. Case No.22 of 2015, corresponding to G.R. No.202/2015, for allegedly having committed the offence under Sections 323, 498A, 452, 379, 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The petitioner as well as O.P. No.2-Lalita Devi is present in Chambers today. The petitioner is anxious and willing to take his wife to live with him and treat her with all honour and dignity. He is also ready to take her to Delhi where
Patna High Court Cr.Misc. No.19177 of 2015 (5) dt.01-10-2015 2/2 he is working in a Shoe Factory. However, he submits that he will have to make arrangement for her stay in Delhi, for which he requires a short time of two months. O.P.No.2 is also willing to go with her husband and stay with him.
In view of the fact that the parties have now reconciled and are willing to live with each other in perfect harmony, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the learned Additional Chief Judicial Magistrate, Jhanjharpur, District-Madhubani, in connection with Lakhnour P.S. Case No.22 of 2015 corresponding to G.R. No.202/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
It is, however, made clear that if at all there is any such act, leading to either mental or physical torture to O.P. No.2, it shall be open to her to seek modification/cancellation of the present order.
(Anjana Mishra, J) PNM U T