Nawal Deo Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60238 of 2019 Arising Out of PS. Case No.-660 Year-2015 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Nawal Deo Kumar Mahto, Son of Bramhdeo Mahto, Resident of Mohalla Yamunapur, P.S. Malsalami, Patna City, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi, Wife of Nawal Deo Kumar Mahto, Resident of VillageSundarganj, P.S.- Risiyap, District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Maijorwar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 660 of 2015, disclosing offences under Section 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegation as per complaint petition is that with respect to demand of a T.V. and motorcycle, she was assaulted and subjected to torture and harassment.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with full dignity and care and for that he has filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, but she has not appeared before the Family Court.

Patna High Court CR. MISC. No.60238 of 2019(2) dt.24-09-2019 2/2 Heard learned APP also.

Having heard both sides, in view of the facts, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below by 14.10.2019, on surrender, he will be released on provisional bail. During that period, the court below shall notice to the opposite party no.2, in view of the submissions that he is ready to keep her with dignity and care. Once she appears and ready to reside with the petitioner, he has to keep her with dignity and care, his bail bonds shall be confirmed.

It is needless to say that if she refuse to reside with him or the opposite party no.2 did not appear in spite of notice, the bail bonds of the petitioner shall be confirmed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T