Saudagar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27346 of 2021 Arising Out of PS. Case No.-876 Year-2019 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== SAUDAGAR MAHTO Son of Dilip Mahto Resident of Village- Jamuavan, P.S.- Kashichak, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dharamshila Kumari D/o Mahendra Mahto Resident of Village- Belar, P.S.- Kashichak, District- Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner, Opposite Party No.2 and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A)/34, 323, 341, 379, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.27346 of 2021(2) dt.01-02-2022 2/3 The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the marriage of the petitioner with the complainant was solemnized in the year 2017 and the allegation against the petitioner is false and concocted. It is further submitted that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 10 of the petition.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of Smt. Kanchan Prabha, Judicial Magistrate-2nd Class, Nawada in connection with Complaint Case No. 876 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the complainant wishes to reside with the

Patna High Court CR. MISC. No.27346 of 2021(2) dt.01-02-2022 3/3 petitioner, she will file a petition before learned Court below when it is expected from the learned Court below to issue notice to the petitioner for his appearance before learned court below. On appearance, the petitioner will be under an obligation comply the undertaking given before this Court and will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. (Sunil Kumar Panwar, J) brajesh kumar/- U T