Swarath Mahto v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.21116 of 2014 (5) dt.05-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21116 of 2014 Arising Out of PS.Case No. -1081 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Swarath Mahto son of Late Krishna Mahto Resident of village - Masuma, P.S. Sarmera, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Meena Devi W/o Swarath Mahtl Resident of village - Masuma, P.S. Sarmera, District - Nalanda, at present residing of village - Narayanpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Swarup Prasad For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 1081C of 2013 in which cognizance has been taken for the offence punishable under Section 498A of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

Allegedly, the petitioner being the husband started torturing and assaulting the complainant for non-fulfillment of demand of cash of Rs. 50,000/- for purchasing motorcycle and in this way committed cruelty towards her.

Patna High Court Cr.Misc. No.21116 of 2014 (5) dt.05-01-2015 Submission at the bar for grant of pre-arrest bail to the petitioner is that the petitioner is ready to keep her and maintain her with full honour and dignity but she is not ready to live with him for which a Matrimonial Case No. 150 of 2013 has already been filed before the learned Principal Judge, Family Court, Nalanda for restitution of conjugal right and information in this regard has also been given to Mahila Police Station to which the learned APP opposes.

The petitioner is the husband of the complainant, and as such, this Court is not persuaded to grant him the privilege of pre-arrest bail but in case, if so advised, the petitioner surrenders and seeks regular bail before the learned court below, his prayer for regular bail shall be considered on its own merit taking into consideration all the points and accordingly, this anticipatory bail application is hereby disposed of.

(Jitendra Mohan Sharma, J) avin/- U T