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Patna High CourtCR. MISC./27631/2020allowed

Pankaj Kumar Mahto v. The State Of Bihar

2020-11-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27631 of 2020 Arising Out of PS. Case No.-461 Year-2019 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== PANKAJ KUMAR MAHTO Son of Satyanarayan Mahto Resident of Mohalla - Dharampur, Punjabi Colony, Gali No. 1, Ward No. 1, P.S.- Town, District - Samastipur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Khushboo Kumari Wife of Pankaj Kumar Mahto D/o Chandrashekhar Choudhary, Resident of Mohalla - Bhartiya Nagar, Ward No. 26, P.S.- Sadar, District - Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Complaint Case No.461 of 2019 for the offence under Sections 498(A), 494, 406, and 120(B) of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. Petitioner is husband of the complainant and the marriage took place on 13.02.2017. He further submits that the petitioner is ready to keep his wife with full honour and dignity.

Patna High Court CR. MISC. No.27631 of 2020(2) dt.25-11-2020 2/2 Considering the fact that petitioner is ready to keep his wife with full honour and dignity, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of Shri Rajesh Kumar-VI, Judicial Magistrate-III, Saharsa in connection with Complaint Case No.461 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C.

It is made clear that after release the petitioner shall keep his wife with full honour and dignity and in the event it is reported that petitioner neglects, misbehaves or physically/ mentally tortures to the complainant, the court below shall be at liberty to cancel the bail bond of the petitioner. (Anil Kumar Upadhyay, J) B.Kr./- U T