IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35164 of 2011
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Sujit Kumar Mahto, son of late Jagdish Mahto, resident of Mohalla Lal
Kothi Road, Katihar, P.S. Katihar, Distt. Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sadhna Suman, wife of Sujit Kumar Mahto, daughter of late Mahabir
Mandal, r/o Vill. Manihari High School Road, P.S. Manihari, Distt.
Katihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar with
Mr. Surendra Kumar Chaubey with
Mr. Surya Prakash, Advocates
For the Opposite Party/s : Mr. Madan Kumar, Addl. P.P.
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA)
2 24-10-2011 Heard.
The petitioner apprehends his arrest in a criminal
prosecution, based on a complaint petition, in which cognizance
has been taken under Section 498A of the Indian Penal Code.
It is submitted that the petitioner filed matrimonial
case No.103 of 2011 on 31.03.2011 in the court of learned
Principal Judge, Family Court, Katihar vide Annexure-2 and after
coming to know about the said case, by way of retaliation, the
present complaint petition vide Annexure-1 was filed on
Patna High Court Cr.Misc. No.35164 of 2011 (2) dt.24-10-2011
2
11.05.2011. From the findings recorded by learned Sessions Judge
in his impugned order, it appears that complainant has refused to
live with the petitioner as wife.
In the facts and circumstances of the case, in the event of
his arrest or surrender before the learned court below within a
period of four weeks from today, the above named petitioner is
directed to be released on bail in connection with complaint
application case No.1043 of 2011 on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of like amount each
to the satisfaction of learned Chief Judicial Magistrate, Katihar
subject to the conditions as laid down under Section 438 (2) of the
Cr.P.C.
(Birendra Prasad Verma, J)
Anjani /-