Patna High CourtCR. MISC./5590/2014disposed

Mantu Mahto v. State Of Bihar And ANR

2016-02-23Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.5590 of 2014 (9) dt.23-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5590 of 2014 Arising Out of PS.Case No. -3251 Year- 2007 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Mantu Mahto Son Of Nawal Mahto Resident Of Village-Mai Farida, P.S.-Rahui, District-Nalanda .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Nilu Kumari Wife Of Mantu Mahto, D/O-Late Vijay Mahto Resident Of Mohalla-Ashok Nagar, Road No.1, P.S.-Kankarbagh, District-Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rewti Kant Raman For the Opposite Party/s : Mr. Anita Kumari Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-02-2016 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 3251(C) of 2007, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Despite service of notice upon Opposite party No.2, she has not entered appearance. By an order, dated 02.04.2015, the petitioner was given an interim protection to the effect that no coercive steps shall be taken against him.

There is nothing on record to show that the petitioner misused the privilege so granted by this Court by an order, dated

Patna High Court Cr.Misc. No.5590 of 2014 (9) dt.23-02-2016 02.04.2014.

Petitioner is the husband of Opposite party No.2. In the facts and circumstances of the case, I am of the opinion that if the petitioner appears before the Court below within four weeks from today in connection with Complaint Case No. 3251(C) of 2007, there should be no impediment in releasing him on bail, if the prayer to this effect is made by filing an application. The application, so filed, be decided on the same day, when the petitioner appears before the Court of learned Chief Judicial Magistrate, Patna, in the light of the present order. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) ArunKumar/- U