Ashok Chakarwarti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72804 of 2019 Arising Out of PS. Case No.-2275 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Ashok Chakarwarti, S/o Late Tardi Chakarwarti, R/o village- Lalsariya, P.S.- Majhuwaliya, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mamta Devi, W/o Ashok Chakarwati, D/o Late Mohan Das, R/o villageDharmuha Colony, P.S.- Muffasil Motihari, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No.2, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner, who is the husband, is apprehending his arrest in connection with Tr. No.S.C.1983/19 arising out of Complaint Case No.2275/17 for the offence punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

Learned counsel for the petitioner submits that the petitioner is willing and ready to keep his wife with all honour and dignity and there shall be no recurrence of any untoward act so as to cause mental torture to opposite party no.2. Considering the aforementioned submissions made by

Patna High Court CR. MISC. No.72804 of 2019(2) dt.23-01-2020 2/2 the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Tr. No.S.C.1983/19 arising out of Complaint Case No.2275/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is, however, made clear that if there is recurrence of any such incidence or untoward act which will cause prejudice or mental torture to the opposite party no.2, it shall be open to her to seek appropriate remedy in accordance with law, including cancellation of the present order of bail. (Anjana Mishra, J) PNM U T