Mantoo Kumar @ Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85956 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- ARWAL MAHILA District- Jehanabad ====================================================== Mantoo Kumar @ Mantu Kumar Son Of Umesh Singh Resident Of VillageBandhu Bigha, Police Station- Kinjar, District- Arwal ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mamta Kumari D/O Of Ranjit Kumar Singh Resident Of Village- Chauhar, P.S.- Karpi, District-Arwal ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Chandra Shekhar, Adv For the Opposite Party/s :
Mr .Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State along with opposite party no. 2.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323,341,504,506 and 498 ( A)/34 of the Indian Penal Code.
3. The learned cousnel for the petitioner submits that O.P no. 2, despite receiving notice chooses not to appear. It is next submitted that petitioner is being husband has falsely been implicated in the instant case by the informant, there is general and omnibus allegation of demand of dowry and torture.
4. It is further submitted that petitioner is still willing to keep O.P no. 2 with honour and dignity. It is next submitted
Patna High Court CR. MISC. No.85956 of 2023(4) dt.23-04-2024 2/3 that no useful purpose would be served by sending the petitioner to jail and petitioner is willing to pay a monthly maintenance of Rs, 2500/- to OP No. 2 for her maintenance. It is next submitted that petitioner is labourer and worked in a private company and earned monthly around Rs.10,00015,000/- per month. It is also submitted that with passage of time, the parties may come together.
5. Learned A.P.P Mr. Chandra Bhushan Prasad opposes the bail application and submits that OP no. 2 despite receiving notice, chooses not to appear may be, for the reason, that she might not be in a financial position to engage a learned lawyer on which, the learned counsel for the petitioner submits that he is willing to pay a monthly maintenance of Rs. 2500/-
6. Considering the submissions made by the learned counsel for the petitioner that the fact that OP. No. 2 chooses not to appear and context and as such the petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs, 5,000/- ( Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Arwal in connection with Arwal Mahila P.S.Case No.14 of 2023, subject to the conditions
Patna High Court CR. MISC. No.85956 of 2023(4) dt.23-04-2024 3/3 laid down under section 438(2) of the Cr. P.C.
7. However, the OP No. 2 shall be at the liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner, in the event, if the petitioner does not give an amount of maintenance of Rs. 2500/- per month. (Satyavrat Verma, J) N.K/- U T