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Patna High CourtCR. MISC./7630/2016bail granted

Shankar Mahto @ Shankar Prasad v. State Of Bihar And ANR

2016-02-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7630 of 2016 Arising Out of PS.Case No. -3566 Year- 2009 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Shankar Mahto @ Shankar Prasad, Son of Late Ram Prasad, Resident of Babudanyal, Police Station- Chirkunda, District- Dhanbad. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Babita Devi, Wife of Sri Shankar Prasad and Daughter of Late Ramanand Singh, resident of Village- Ranipur, P.O.+P.S.- Phulwari Sharif, District- Patna.

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

For the Petitioner/s : Mr. Sudama Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the husband of the complainant is languishing in custody since 21.11.2015 in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A, 494, 491, 506 of the Indian Penal Code. The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that since the petitioner has performed second marriage, but still he is ready to keep the complainant as wife with due dignity and honour. Statement to that effect has been made in para-16 of the petition which reads as under:-

Patna High Court Cr.Misc. No.7630 of 2016 (2) dt.16-02-2016 "That being a Hindu the petitioner/husband is willing to took her with her and ready to keep her with all dignity and love."

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Anant Kumar, J.M., Ist Class, Patna in connection with Complaint Case No. 3566C of 2009.

(Dinesh Kumar Singh, J) P.K./- U T