Sujeet Kumar Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46234 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Sujeet Kumar Mahto son of Dinesh Mahto .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rinku Devi wife of Sujeet Kumar Mahto, D/o Surendra Chaudhary .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/313 of the Indian Penal Code. Basic accusation is of torture and getting the pregnancy of the informant terminated.

On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 14 of the petition which reads as follows:-

Patna High Court Cr.Misc. No.46234 of 2015 (3) dt.03-03-2016 2/3 "That the petitioner is ready to keep her with full dignity as per his capacity."

Learned counsel for the petitioner further submits that the informant earlier filed Complaint Case No.1014 of 2014 with similar accusation, wherein the petitioner is on bail. On instruction, learned counsel for the informant submits that the informant accepts the offer of the petitioner. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur, in connection with N.H. Bangra P.S. Case No.4/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Both sides shall appear before the learned court below on 14th March, 2016 when the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to

Patna High Court Cr.Misc. No.46234 of 2015 (3) dt.03-03-2016 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Ashwini/- U T