Sanjit Kumar Mahton @ Sanjit Mahton @ Sanjit Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12500 of 2016 Arising Out of PS.Case No. -269 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. SANJIT KUMAR MAHTON @ SANJIT MAHTON @ SANJIT KUMAR Son of Jai Jai Ram Mahton Resident of Village- Kaithma, PS Muffasil District Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sujita Kumari D/o Sunil Mahton Resident of Village- Sakarpura, PS Bakhri District Begusarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashish Kumar For the Opposite Party/s : Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-08-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences under Sections 323, 341, 506, 498A, 379, 109, 34 of the Indian Penal Code.
The basic accusation is of torture and making assault.
It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant and is ready to keep the informant with full dignity and honour. A statement to that effect has been made in para 9 of the petition which reads as follows:- "That the petitioner is the husband of the informant and he is still ready to keep the informant in his house with
Patna High Court Cr.Misc. No.12500 of 2016 (4) dt.23-08-2016 2/3 full dignity and honour."
It is further submitted that the injury has been found to be superficial, simple in nature. The petitioner and the informant are present in the Court.
It is submitted by learned counsel for the informant that informant is not ready to accept the offer of the petitioner since she is apprehensive due to the past conduct of the petitioner. In the circumstance, the reconciliation does not appear to be feasible at present.
In the alternative, petitioner is ready to make payment of Rs. 1500/- per month to the informant from September, 2016, by depositing the same in the bank account of the informant by second week of every month. It is submitted by learned counsel for the informant that informant is ready to accept the offer of the petitioner and undertakes to supply her bank account number within a period of two weeks by submitting the same on affidavit before learned Court below.
Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court Cr.Misc. No.12500 of 2016 (4) dt.23-08-2016 3/3 Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 269 of 2015.
The above payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment will give liberty to the informant to file appropriate application for cancellation of bail of the petitioner. The present order, in no way will preclude the parties to resolve the issue otherwise.
(Dinesh Kumar Singh, J) Shageer/- U T