Jitendra Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.773 of 2019 Arising Out of PS. Case No.-3168 Year-2015 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Jitendra Mahto Son of Goverdhan Mahto Resident of Village - Karah, Bin Tola, Police Station - Baniyapur, District- Saran ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Rajanti Devi Wife of Jitendra Mahto and Daughter of Ram Jatan Manht, Resident of Village - Kala Gurdahan, Police Station - Manjhi, District - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.3168 of 2015 corresponding to Tr. No.2354 of 2017 registered for offences punishable under Section 498(A) of the Indian Penal Code.

Allegation against the petitioner is of torturing her with respect of demand of motorcycle and Rs.25,000/- . Submission of the learned counsel for the petitioner is that he is ready to keep her with dignity and care. Heard learned A.P.P. and the learned counsel for the O.P.no.2. Learned counsel for the O.P.no.2 has submitted that she is also ready to reside with the petitioner if she is allowed

Patna High Court CR. MISC. No.773 of 2019(4) dt.06-05-2019 2/2 with dignity and care and also she will not be tortured. Having heard both sides, in view of submission of the learned counsel for the petitioner, let the petitioner, above named, surrender before the court below on 23.05.2019 before the learned court below and on that day O.P.no.2 shall also remain present there and if the petitioner files any application on oath that he is ready to keep her and he will not subject her torture and he is ready to take her from the court himself, he will be released on provisional bail for a period of six weeks in connection with Complaint Case No.3168 of 2015 corresponding to Tr.No.

2354 of 2017 to the satisfaction of the learned court below itself and the learned court below will call upon both the parties in the first week of each month to watch the conduct and the matrimonial relationship between the parties and once being satisfied with the conduct of the petitioner, he will confirm the bail bond of the petitioner, otherwise he is free to pass any other order or orders, as he deems fit and proper including cancellation of the bail bond of the petitioner. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T