Sunil Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44163 of 2015 Arising Out of PS.Case No. -219 Year- 2015 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Sunil Mahto, son of Upendra Mahto, resident of Village-Chanchaur Mathurapur, P.S.-Ujiarpur, District-Samastipur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bibha Devi, daughter of Suresh Mahto, resident of VillageDhunlakh, P.S.-Samastipur(Muffasil) Districtr-Samastipur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-09-2015 Petitioner being husband of the informant apprehending his arrest in a case registered for the offences under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the informant but the petitioner filed Matrimonial Suit No. 259 of 2014 on 02.09.2014 with a prayer for divorce whereas the present case was initiated through complaint on 21.10.2014 which came to be registered as police case on 14.07.2015. Hence, in the circumstance the reconciliation does not appear to be feasible.
Patna High Court Cr.Misc. No.44163 of 2015 (2) dt.16-09-2015 2/3 In the alternative, petitioner is ready to make payment Rs. 2000/- to the informant from October, 2015, by depositing the same in the bank account of the informant by second week of every month.
Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur in connection with Samastipur(Muffassil) P.S. Case No. 219 of 2015. The petitioner undertakes to serve a copy of the order of this Court upon the informant within a period of two weeks when it is expected from the informant to supply her bank account number within a period of three weeks thereafter by filing the same on affidavit before learned Court below. If the informant fails to submit such affidavit then the aforesaid payment will be deposited before learned Court below which will be invested in some fixed deposit scheme which will be subject to the result of the case.
The aforesaid payments will be subject to any order being passed in matrimonial or maintenance proceeding.
Three consecutive defaults in making
Patna High Court Cr.Misc. No.44163 of 2015 (2) dt.16-09-2015 3/3 payment will give liberty to the informant to file appropriate application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Shageer/- U T