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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35532 of 2019 Arising Out of PS. Case No.-340 Year-2017 Thana- COMPLAINT CASE District- Banka ====================================================== Mukesh Mahto @ Mukesh Kumar Mahto aged about 23 years (Male) Son of Kuldeep Mahto Resident of Village - Lakshmipur, P.S.- Sanhoulla, Distt - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrita Devi, aged about 20 years (Female), Wife of Mukesh Mahto @ Mukesh Kumar Mahto Resident of Village - Laxmipur, Sakrama, P.S.- Sanhoulla, Distt - Bhagalpur, At present D/o Saudagar Bind, resident of Village - Mirzapur, P.O. Changeri, P.S.- Barahat, Distt - Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

25-02-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of complainant/opposite party no. 2. The petitioner apprehends his arrest in Complaint Case No. 340 of 2017 registered for the offence under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

It is submitted on behalf of petitioner that petitioner, who is husband of complainant/opposite party no. 2, is ready to keep his wife with full honour and dignity. In view of aforesaid facts and circumstances as well as undertaking given by the petitioner, in the event of his

Patna High Court CR. MISC. No.35532 of 2019(5) dt.25-02-2020 2/2 arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Banka in connection with Complaint Case No. 340 of 2017 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T