Ramesh Mahto @ Ramesh Kumar Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61184 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- MAHILA P.S. District- Saran ====================================================== Ramesh Mahto @ Ramesh Kumar Mahto, S/o Vidha Mahto, Resident of Brahmpur, Police Station- Bhagwan Bazar, District- Saran. ... ... Petitioner

Versus

1.

State Of Bihar 2.

Putul Kumari, W/o Ramesh Mahto, D/o Yogendra Mahto, Resident of Bhagwan Bazar, at present Naviganj, Choudhary Tola, P.S.- Bhagwan Bazar, District- Saran.

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Saran Mahila P.S. Case No. 02 of 2018, registered for the offences punishable under Sections 498A, 323, 379 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of subjecting the opposite party No.2 to cruelty with respect to demand of motorcycle and is of ousting her from the house. Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and the impugned order disclosed that it is the informant who refused to live with the petitioner and the allegation is general and

Patna High Court CR. MISC. No.61184 of 2018(3) dt.09-04-2019 2/3 omnibus in nature.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that there is allegation of demand against the petitioner and she has been ousted from the house and further submitted that she has filed a maintenance case before the Family Court, Saran at Chapra and in that case petitioner is not appearing.

Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioner to surrender within a period of six weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Saran at Chapra, in connection with Saran Mahila P.S.Case No. 02 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to appear in the maintenance case before the Family Court, Saran at Chapra

Patna High Court CR. MISC. No.61184 of 2018(3) dt.09-04-2019 3/3 within a period of four weeks and show the documents before the court below that he has appeared and further condition is that he has to abide by any order passed by the court below in the maintenance case either interim order or final order. (Vinod Kumar Sinha, J) spal/- U T