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Patna High CourtCR. MISC./43646/2014disposed

Rajnish Mahto v. State Of Bihar And ANR

2015-07-30Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43646 of 2014 Arising Out of PS.Case No. -218( c ) Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Rajnish Mahto Son of Masudan Mahto Resident of Hussain Khanda Gonawa, P.S.-Harnaut District-Nalanda.

.... .... Petitioner

Versus

1. The State of Bihar

2. Sita Devi Wife of Rajnish Mahto Resident of Hussain Khanda Gonawa, P.S.-Harnaut, District-Nalanda at present resides at C/o D/o Umesh Mahto Village-Bhaigaon, P.S.-Barh, District-Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Pandey For the Opposite Parties : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-07-2015 Heard both sides.

Apprehending his arrest in connection with Complaint case no. 218(c ) of 2014, registered under Section 498A of the IPC lodged by the complainant/wife, the petitioner has filed the present application for anticipatory bail. Learned counsel for the petitioner stated that given some protection petitioner would be ready and willing to take steps for resolving the matrimonial discord between him and his wife.

Considering the above, this Court disposes of the application by the following order:-

Patna High Court Cr.Misc. No.43646 of 2014 (2) dt.30-07-2015 2 / 2 Let the petitioner surrender in the learned court below within a period of three weeks from today whereafter he will be released provisionally on bail for a period of 08 weeks therefrom on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Barh, district Patna in connection with Complaint case no. 218(c ) of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. The period of provisional bail shall be utilized by the petitioner to take steps for resolution of the matrimonial discord. On or before expiry of the aforesaid period of provisional bail, the petitioner should appear before the Court below and seek confirmation thereof. The learned Magistrate in seisin of the matter will either confirm or reject the prayer for confirmation depending on the facts which shall be brought to the notice of the Court.

(Kishore Kumar Mandal, J) Shyam/- U T