Arun Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42560 of 2021 Arising Out of PS. Case No.-1313 Year-2015 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== ARUN MAHTON SON OF JAGDEO MAHTON R/O VILLAGE- SUMBHA GAZIGHAT, P.S.- ALAULI, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sweta Kumari Rani Wife Of Arun Mahton, D/O- Parmanand Singh R/O Village- Sumbha Gazighat, Kehuna, P.S.- Alauli, District- Khagaria, Present Address- R/O Village- Pasraha, P.S.- Pasraha, District- Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arvind Kumar Pandey, 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 Sections 498(A) of the Indian Penal Code and Section 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 2007 and the allegation against the petitioner is false and concocted. It

Patna High Court CR. MISC. No.42560 of 2021(2) dt.22-03-2022 2/3 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 10 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, Khagaria in connection with Complaint Case No.1313C of 2015, 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 this Court and will take the complainant to her matrimonial house to keep her as wife with full dignity and

Patna High Court CR. MISC. No.42560 of 2021(2) dt.22-03-2022 3/3 honour.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T