Tarkeshwar Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14506 of 2017 Arising Out of PS. Case No.-366 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Tarkeshwar Mahto, son of Hari Mahto, resident of village Manwa Parsi, Police Station Shikarpur, District West Champaran, at Bettiah ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Lalsa Devi, wife of Tarkeshwar Mahto, daughter of Nathu Mahto, resident of vilalge Manwa Parsi, Police Station Shikarpur, District West Champaran, at Bettiah ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. BRAJ KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 366C of 2015, disclosing offence under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioner is the husband of the complainant. The matrimonial discord appears to be the root cause of filing of the complaint petition.

Learned Counsel for the petitioner submits that he is ready to keep the Opposite Party No. 2 with full love and dignity.

Patna High Court Cr.Misc. No.14506 of 2017(4) dt.10-08-2017 2/2 There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of trial.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Tarkeshwar Mahto, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, West Champaran, at Bettiah, in connection with Complaint Case No. 366C of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court below on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √