Shyam Sundar Mahton v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.24906 of 2015 (2) dt.14-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24906 of 2015 Arising Out of PS.Case No. -89 Year- 2013 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Shyam Sundar Mahton .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 14.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Bhagwanpur P. S. case no. 89/2013 registered under sections 498A of the Indian Penal Code and 3/ 4 of the D.P. Act. Petitioner happens to be husband of the informant. The contention on behalf of the petitioner is that, as a matter of fact, informant remained in the house of the petitioner only for three days after her marriage and subsequently, she gave birth to female child at her parents' house and the aforesaid child was born on account of illicit relation of the informant with her brother-in-law. It is submitted that even though petitioner is ready to keep the informant with him.

Considering the facts and circumstances as well as submissions of the parties, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for

Patna High Court Cr.Misc. No.24906 of 2015 (2) dt.14-07-2015 anticipatory bail in connection with the above stated case stands rejected.

However, if the petitioner surrenders and seeks regular bail within four weeks from today with proposal of settlement/ compromise, the concerned court shall release the petitioner on provisional bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to his satisfaction for a period of four months and shall take all possible steps to settle the dispute of the parties and if the concerned court fails in his attempt, the petitioner shall be taken into custody and in that event, concerned court shall pass appropriate order on regular bail application of the petitioner. shahid (Hemant Kumar Srivastava,J) U T