Madhukant Mahto @ Madhav Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63669 of 2018 Arising Out of PS.Case No. -123 Year- 2018 Thana -KURSAKANTA District- ARRARIA ====================================================== Madhukant Mahto @ Madhav Kumar Mahto S/o Janaklal Mahto @ Janak Mahto Resident of Village-Balchanda P.S. Kursakanta, Distt.-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhijeet Gautam, Advocate. For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kursakanta P.S. Case No. 123 of 2018 instituted for the offence under Sections 341, 323, 498(A) and 504 of the Indian Penal Code.

It is alleged in the written report that informant has performed second marriage and has neglected the informant. It is further alleged that informant has three small children after marriage from the petitioner. Petitioner is not taking any care of the informant and his three children.

Counsel for the petitioner submits that Panchayti was held in which bond was executed that petitioner and his family members will keep the informant and her three children with all dignity and care.

It is admitted position that petitioner has performed second

Patna High Court Cr.Misc. No.63669 of 2018 (3) dt.31-10-2018 2/2 marriage and three children were born to the informant after marriage with the petitioner. Petitioner is totally neglecting the informant and her three children.

Petitioner is directed to make payment of Rs.2,000/- per month as maintenance to his wife (informant) and three children till final order passed by the learned Principal Judge, Family Court, Araria, in Maintenance Case.

The prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Jha, learned Additional Chief Judicial Magistrate-V, Araria in connection with Kursakanta P.S. Case No. 123 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner and the petitioner will pay a sum of Rs.2,000/- per month to the informant till final order is passed in maintenance case.

In the event the petitioner fails to pay the maintenance amount to his wife (informant) and three children, as ordered above, the bail bond of the petitioner will liable to be cancelled. (Sanjay Priya, J) S.Ali/- U T