Awadhesh Manjhi v. The Sttae Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26798 of 2019 Arising Out of PS. Case No.-1040 Year-2013 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== AWADHESH MANJHI, Son of Rameshwar Manjhi, Resident of Village - Khaira, P.S.- Khijarsarai, District - Gaya.

... ... Petitioner/s

Versus

1.

THE STTAE OF BIHAR 2.

Basanti Devi Wife of Awadhesh Manjhi D/o Kailu Manjhi, R/o Chandrashekhar Nagar Belaru, P.S.- Hisua, Distt.- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1040 of 2013, disclosing offences under Section 498A of the Indian Penal Code. Allegation against the petitioner as per the complaint petition is that he ousted her from the house as she gave birth of a female child and in spite of intervention by the family members, he is not allowed her to come to her Sasural. Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with full dignity and care. On the other hand, learned counsel for the opposite party no.2 has appeared and submitted that in the mediation also

Patna High Court CR. MISC. No.26798 of 2019(3) dt.09-07-2019 2/2 he refused to keep her and though she is living and he is not paying any maintenance to her. It has also been submitted that the process under Sections 82 & 83 of Cr.P.C. has already been exhausted against the petitioner.

In such view of the matter, let the petitioner, above named, surrender before the learned court below on 18.07.2019 and make prayer for regular bail. On that day the opposite party no.2 shall also remain present in the Court, and further on filing of an affidavit by the petitioner that he is ready to keep her with full dignity and care and to take her from the Court itself, the learned court below shall consider the above facts while passing the order in the bail application.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T