Balendra Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7400 of 2017 Arising Out of PS.Case No. -1327 Year- 2010 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Balendra Mahto, son of Kedar Mahto, resident of Village- Rampur Asli, P.S.- Sahebganj, Dist- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Rajpati Devi, wife of Balendra Mahto, of Village Rampur Asli, P.S.- Sahebganj, District- Muzaffarpur, at present Village- Madhopur, Dharfari, P.S.- Dewariya, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Kumar, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 01-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Complaint Case No.1327 of 2010 instituted for the offence under Section(s) 498-A, 323, 341, 307, 494, 504 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner is husband of the complainant. Notice was validly served on the complainant-Opposite Party No.2, but none appears on her behalf.

It has been submitted on behalf of the petitioner that he is suffering from Hepatitis B on account of which the complainant does not want to live with her. In this respect, a report was called for by the Court below from the police, which is annexed as Anenxure-2, wherein, it has been mentioned that

Patna High Court Cr.Misc. No.7400 of 2017 (5) dt.01-05-2017 2/2 the petitioner is suffering from Hepatitis B and thereafter the complainant is avoiding to live with the petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.1327 of 2010/ Tr. No.1800 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, West, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T