Todarmal @ Chhotu Poddar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75083 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- MAHILA PS District- Khagaria ====================================================== Todarmal @ Chhotu Poddar, Son of Raj Kumar Poddar, Resident of VillageHajipur South, Ward No. 17, P.S. and District- Khagaria. ... ... Petitioner/s

Versus

1.

State of Bihar and Anr 2.

Mina Devi, Wife of todarmal@ Chhotu Poddar, D/o of Jagdish Poddar, resident of Village- Manjhol, P.S. Cheriyabariyapur, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Sri Manoj Kumar - 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2020 Inspite of order dated 18.02.2020, although opposite party no. 2 is present in person, once again the petitioner has not appeared.

As last indulgence, put up this case on 18.03.2020 at 1:15 pm in chamber.

Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Mahila P.S. Case no. 4 of 2018 registered for the offence(s) punishable under section 498A of the Indian Penal Code and

Patna High Court CR. MISC. No.75083 of 2018(12) dt.04-03-2020 2/3 sections 3 and 4 of the Dowry Prohibition Act. Opposite party no. 2 is present in person and submits that due to personal difficulty the petitioner herein could not appear and if so directed he would positively appear on the next date. However, she further submits that for the last 8 to 9 months, she has been residing in her sasural with the petitioner and has no complaint against the petitioner for the present. It is further submitted by learned counsel for the opposite party no. 2 in her presence that the application for bail may not be kept pending only for appearance of the petitioner for the reason that the opposite party no. 2 is in family way and it is difficult for her to move around.

Heard learned counsel for the parties and taking into consideration the submissions made by the opposite party no. 2 in person, this Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Mahila P.S. Case no. 4 of 2018 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Khagaria, subject to the conditions as laid down in section 438 (2) of the

Patna High Court CR. MISC. No.75083 of 2018(12) dt.04-03-2020 3/3 Criminal Procedure Code.

It is expected that the petitioner shall take care of the opposite party no. 2. In case of any complaint by the opposite party no. 2, it shall always be open for her to take necessary steps in the Court below in accordance with law. (Partha Sarthy, J) Ankit/- U T