Radhey Shyam Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25446 of 2020 Arising Out of PS. Case No.-924 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Radhey Shyam Mahto, aged about 37 years, Male, Son of Budhu Mahto Resident of Mumrupur Nemi, P.S.- Singhiya, District- Samastipur. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Pawan Devi, aged about 32 years, Female, Wife of Radhey Shyam Mahto, Daughter of Triveni Mahto Resident of Malipur Malpur, P.S.- Khudawandpur, District- Begusarai.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Shashi Dhar Jha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-09-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is in custody in connection with Complaint Case No. 924C of 2018 for offences under Sections 498A and 406/34 of the Indian Penal Code.

Petitioner is the husband of the complainant. Learned counsel appearing on behalf of the petitioner submits that the allegation against the petitioner is that he has driven out the complainant from his house as she has not given birth to any child and the marriage took place on 09.06.2006. Learned counsel submits that the petitioner shall keep his wife with honour and dignity. Petitioner is in custody since

Patna High Court CR. MISC. No.25446 of 2020(2) dt.29-09-2020 2/2 08.01.2020.

Considering the the fact that the petitioner is the husband of the complainant and he is in custody since 08.01.2020, this Court is inclined to grant bail to him. The petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 924C of 2018. In the event the petitioner neglects, misbehaves or torture the complainant (opposite party no. 2), the court below shall be at liberty to cancel his bail bond.

(Anil Kumar Upadhyay, J) BT/- U T