Harikhit Mahton @ Harkhit Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.48221 of 2014 (7) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48221 of 2014 Arising Out of PS.Case No. -12915 Year- 2014 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== Harikhit Mahton @ Harkhit Mahto Son of Sri Jamun Mahto resident of village- Dasrathpur, P.S.- Mansoorchak, District- Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar Pandey For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2.

The petitioner apprehends his arrest in connection with Complaint Case No. 12915 of 2014 for the offence registered under Section 498A of the Indian Penal Code.

After much interaction with the parties, it appears that the petitioner has already married and opposite party no. 2 has apprehension in going to stay with him.

In view of the fact that there is no scope of reconciliation and opposite party no. 2 declined to stay with him and for the interest of justice, it will be desirable that some interim amount be paid to the opposite party no. 2 so that she can sustain her life.

Patna High Court Cr.Misc. No.48221 of 2014 (7) dt.05-11-2015 Let the petitioner deposit a sum of Rs. 15,00/- (fifteen hundred) per month in the court below on or before the 15th of each month beginning from today. In the event of deposit of aforementioned amount by the petitioner by 15th of November, 2015, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No. 12915 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, it is made clear that if petitioner fails to deposit the aforesaid amount for two consecutive months, it will be open for the opposite party no. 2 to file a petition for modification of the present order.

(Anjana Mishra, J) Jagdish/- U T