Sunder Mahto @ Surendra Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3284 of 2017 Arising Out of PS.Case No. -1409 Year- 2011 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Sunder Mahto @ Surendra Mahto, S/o Baidnath Mahto, R/o VillageNasriganj, Infront of Shankar Cold Store, P.S.- Digha, District- Patna .... .... Petitioner

Versus

1. State of Bihar

2. Most. Suhailya Devi, W/o Late Nagendra Kumar @ Puttu Sah, R/o Village-Mainpura, near LCT Ghat, Gate No.53, P.S.-Patliputra, DistPatna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ghanshyam Tiwary, Advocate For the Opposite Parties : Smt. Anusuiya Jaiswal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Complaint Case No. 1409 (C) of 2011 instituted for the offence under Sections 406 and 423 of the Indian Penal Code. It is alleged in the complaint that after death of the husband of the complainant, this petitioner offered to take vegetable shop of her late husband on the assurance that he will pay Rs.1500/- per month for study of the children and Rs.1000/- for the old parents-in-law of the complainant. It is further submitted that one agreement was also prepared in this regard but later on the petitioner did not act as per agreement and paid the

Patna High Court Cr.Misc. No.3284 of 2017 (2) dt.03-02-2017 2/2 money. It is further alleged that petitioner assaulted the parents-inlaw of the complainant. Counsel for the petitioner has submitted that no any such agreement has been entered into between the parties and even if such agreement has been entered into then it will be a case of civil dispute and no criminal proceeding will lie. Considering the nature of allegation in the complaint petition, prayer of the petitioner for 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. 1409 (C) of 2011, he shall 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 Judicial Magistrate-1st Class, Patna, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sanjay Priya, J.) ravi/- U T