Ram Naresh Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85260 of 2019 Arising Out of PS. Case No.-899 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== RAM NARESH MAHTON Son of Brahmdeo Mahton Resident of VillageBahorchak, Ward No.03, Police Station-Bakhari, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Punam Devi Wife of Ram Naresh Mahton, Daughter of Banarsi Mahto Resident of Village-Amba, Ward No.14, Police Station-Teghra, DistrictBegusarai, Mob. No.8081320828. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 899-C of 2019 registered for the offence punishable under Section 498A of the Indian Penal Code.

As per complaint case allegation against the petitioner, who happens to be husband of the complainant, is that he demanded Rs.50,000/- and for that subjected her to cruelty.

Submission of learned counsel for the petitioner is that whole allegation is false and concocted and he is still ready to keep her with dignity and care. On the other hand, learned counsel for opposite party No.2 has submitted that she is also

Patna High Court CR. MISC. No.85260 of 2019(2) dt.06-01-2020 2/3 ready to reside with the petitioner and she has two children also and petitioner is not taking any step for medical treatment of opposite party No.2 as she is ill.

Heard learned APP also.

In view of above facts and circumstances, let petitioner surrender in the court below on 20.1.2020, on that day opposite party No.2 shall also remain present in the court and on on filing of an affidavit by the petitioner that he is ready to take her from the court itself and keep her with dignity and care, he shall be released on provisional bail by the court below for a period of six months and during that period both the parties have to appear in the court below on second week of each month, so that the court may watch their conduct and marital relationship between the parties and once the court is satisfied with the conduct of both the parties, specially the petitioner, bail bonds of the petitioner shall be confirmed with direction to the petitioner to get her medically treated, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner. It is made clear that if opposite party No.2 is not ready to reside with the petitioner, in that event, provisional bail of the petitioner shall be confirmed.

Patna High Court CR. MISC. No.85260 of 2019(2) dt.06-01-2020 3/3 This application is, accordingly, disposed of with the above observation and direction.

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(Vinod Kumar Sinha, J) spal/- U T