Sanjiv Kumar @ Sanjiv Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80531 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== SANJIV KUMAR @ SANJIV MAHTO Son of Rajendra Mahto, Resident of Village - Bhav Prasad(Bhaw Prasad), P.S.- Dumra, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chanchal Devi W/o Sanjiv Kumar @ Sanjiv Mahto, D/o Amiri Mahto, At present residing at Village - Gangati, P.S.- Pupri, Distt.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha Mr. Devendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2022 Heard the learned counsel for the petitioner as well as the learned counsel for the complainant.

The petitioner apprehends his arrest in connection with Complaint Case No. C1-369/18 registered for offence punishable under sections 498A and 494 of the Indian Penal Code.

It is a case of matrimonial dispute. As per allegation, the accused persons, including the petitioner, subjected the complainant to cruelty for non-fulfillment of dowry demand. To explore the possibility of amicable solution of the dispute, the matter was referred to the District Mediation

Patna High Court CR. MISC. No.80531 of 2019(6) dt.10-05-2022 2/3 Centre, Sitamarhi. The xerox copy of report of the learned Mediator has been annexed at flag 'M', which shows that on 11.03.2022, both the parties appeared. The petitioner expressed his readiness to keep the complainant with full dignity and honour. It was the averment of the complainant that although her husband has solemnized second marriage, but if proper and cordial ambience is given to her, she is ready to reside with her husband along with her children. The complainant along with her children went to her matrimonial house with her husband from the Mediation Centre on 11.03.2022.

The learned counsel for the complainant has submitted that the complainant along with her kids is residing in her matrimonial house. As the petitioner has solemnized his second marriage, he should be kept under watch.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Complaint Case No. C1-369/18, subject to condition as laid down under section 438(2) Cr. P.C. Further condition is that if it

Patna High Court CR. MISC. No.80531 of 2019(6) dt.10-05-2022 3/3 comes to the notice of the learned court below that the petitioner inflicted atrocities on the complainant or due to act of the petitioner the complainant left her matrimonial house, the learned court below shall be at liberty to cancel his bail bond. (Nawneet Kumar Pandey, J) Mahesh/- U T