Mahendra Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31938 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -EKMA District- SARAN ====================================================== Mahendra Mahto son of Jay Ram Mahto Resident of Village- Bindalal ke Rampur, PS- Ekma, District- Saran (Chapra).
.... .... Petitioner
Versus
1. The State of Bihar
2. Sima Devi [Complainant/Informant], wife of Mahendra Mahto, daughter of Late Tega Mahto, Resident of Village- Jahingra, PS- Baniyapur, DistrictSaran (Chapra). .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Rai For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the parties.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under section 323, 498A, 379 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and he is ready to keep the informant with full dignity and honour. Statement to that effect has been made in paragraph 8 of the petition. It is further submitted that the petitioner filed R.C.R.Case
Patna High Court Cr.Misc. No.31938 of 2016 (2) dt.01-08-2016 No. 21/2016 on 2.2.2016. Thereafter the present F.I.R. was registered on 3.4.2016.
Considering the present stand of the petitioner, let the abovenamed petitioner be released on provisional anticipatory bail for six months, in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran (Chapra) in Ekma P.S. Case No. 70/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
Let the learned court below issue notice to the informant for her appearance. On her appearance, the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by the learned court below in three eventualities: (i) if the matrimonial harmony is substantially restored, (ii) if the informant fails to appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue. (Dinesh Kumar Singh, J) Surendra/- U
Patna High Court Cr.Misc. No.31938 of 2016 (2) dt.01-08-2016