Pawan Kumar Mahto @ Pawan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42565 of 2021 Arising Out of PS. Case No.-1406 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== PAWAN KUMAR MAHTO @ PAWAN MAHTO Son of Biphi Mahto Resident of Village - Raja Parsauni, P.S. - Bairganiya, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruby Devi D/o of Umesh Mahto Resident of Village - Wajitpur, P.S. - Madhuban, District - East Champaran.

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner, Opposite Party No.2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The basic accusation against the petitioner is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the marriage of the petitioner with the complainant was solemnized in the year 2010 and the

Patna High Court CR. MISC. No.42565 of 2021(2) dt.22-03-2022 2/3 allegation against the petitioner is false and concocted. It is further submitted that petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition.

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, East Champaran at Motihari in connection with Complaint Case No. C1406 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the complainant wishes to reside with the petitioner, she will file a petition before learned Court below when it is expected from the learned Court below to issue notice to the petitioner for his appearance before learned court below. On appearance, the petitioner will be under an obligation comply the undertaking given before

Patna High Court CR. MISC. No.42565 of 2021(2) dt.22-03-2022 3/3 this Court and will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T