Kanhai Mahto vs The State Of Bihar & Anr. on 13 July, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.19880 of 2011
      Kanhai Mahto, son of late Bishnudeo Mahto, resident of village + P.O.
      Belkhara, P.S. - Karpi, District - Arwal (Bihar).
                                                               ---------- Petitioner.
                                      Versus
1.    The State Of Bihar
2.    Anita Devi, wife of Kanhai Mahto, Daughter of Ram Dayal Mahto, resident
      of village - Bhadua, P.S. - Khudma, district - Aurangabad (Bihar).
                                                          ------- Opposite Parties.
                                     -----------

03. 13.07.2011 Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in

connection with Complaint Case No. 34/2010 for the

offences under Section 498(A) of the Indian Penal

Code, pending in the court of Sub-Divisional Judicial

Magistrate, Daudnagar, Aurangabad (Bihar).

Petitioner is named accused in this

complaint case being husband of the daughter of the

complainant the unfortunate couple in spite of

continued marital life for about twenty years could not

be blessed with any child. Still, the petitioner intends

to continue the marital life with the daughter of the

complainant, who is, as submitted, one and only wife

of the petitioner.

In order to show bonafide intention an offer

is made to pay a sum of Rs. 500/- per month by way

of ad interim maintenance to the daughter of the

complainant subject to any order of competent court
2

on the point, in the event of his arrest or surrender

within a period of four weeks, let the petitioner,

namely, Kanhai Mahto, be enlarged on bail on

furnishing bail bond of sum of Rs. 10,000/- (ten

thousand only) with two sureties of the like amount

each to the satisfaction of Sub-Divisional Judicial

Magistrate, Daudnagar, Aurangabad (Bihar), in

connection with Complaint Case No. 34/2010, subject

to condition under section 438(2) of the Code of

Criminal Procedure, and additional condition to attend

the court regularly at least for two years or till

disposal of the case, whichever is earlier and in the

event of failure on two consecutive dates and payment

of the amount mentioned above, without any

reasonable explanation, the privilege granted shall be

deemed to be cancelled.

( Akhilesh Chandra, J.)
Rajeev/