Gajendra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74823 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Gajendra Mehta, S/o Subhas Chandra Mehta, Resident of Village- Pathardeva, Ward No.01, P.S. Narpatganj Bathnaha O.P. District Araria. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Bibha Devi, w/o Gajendra Mehta, D/o Mohan Mehta, R/o Village Lalman Patti, P.S. Ratanpur, District Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Sri Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 61 of 2018, disclosing offences under Sections 498A, 494, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Case is under Sections 498A, 494, 34 of IPC with an allegation that all the accused persons brutally assaulted the opposite party no.2 and ousted her from the house and petitioner has also solemnized second marriage.

Submission of the learned counsel for the petitioner is that the whole allegations are false and concocted. As a matter of fact, she is residing in the house of the petitioner at present. On that, opposite party no.2 is called for and she is present in the Court and she herself stated that she is residing with the petitioner at present.

Patna High Court CR. MISC. No.74823 of 2018(8) dt.04-07-2019 2/2 Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also.

Having heard both sides, considering the above submission, this application is allowed, provisional bail granted to the petitioner, vide order dated 11.03.2019 is confirmed, subject to condition that he will keep her with dignity and care and will not subject her with cruelty, otherwise, the opposite party no.2 is free to move for cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T