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Patna High CourtCR. MISC./41681/2015bail granted

Rajesh Mahto v. State Of Bihar And ANR

2015-09-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41681 of 2015 Arising Out of PS.Case No. -358 Year- 2014 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Rajesh Mahto .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323, 324 and 307 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfilment of the dowry demand.

It is submitted by learned counsel for the petitioner that in Maintenance Case No. 82 of 2014, the petitioner and complainant agreed for divorce with mutual consent when the petitioner agreed to execute the deed of 11/3 of his ancestral property along with lump sum amount as permanent alimony. It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.41681 of 2015 (2) dt.03-09-2015 2/2 in the matrimonial suit the complainant has filed WS expressing intention for dissolution of marriage.

Considering the aforesaid fact, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Munger in connection with Complaint Case No. 358C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T