High Court Patna High Court - Orders

Bipul Kumar Mahto vs State Of Bihar &Amp; Anr on 9 November, 2010

Patna High Court – Orders
Bipul Kumar Mahto vs State Of Bihar &Amp; Anr on 9 November, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.40016 of 2010

                 Bipul Kumar Mahto s/o Harischandra Mahto Resident of
                 village Bhore JayRam P.S. Khanpur, Distt. Samastipur
                                       VERSUS
                 1. The State of Bihar
                 2. Bebi Kumari D/o Sri Kameshwar Mahto resident of
                 village Basatpur Bhakhari P.S. Dholi Sakara Distt.
                 Muzaffarpur at present Railway Colony Quarter
                 No.119A Ganga Bridge Colony Gadhahara P.S. Baroini
                 Distt. Begusarai
                                         -------

2 9.11.2010 Heard learned counsel for the petitioner and

learned counsel for the State.

Petitioner has prayed for anticipatory bail in a

case under Section 498A IPC and Section 4 of the

Dowry Prohibition Act. It has been submitted on behalf

of the petitioner that Annexure-2 would show that on

account of desertion for more than three years, petitioner

had to file a suit for divorce on 10.1.2007 which is still

pending and in retaliation, it has been submitted that the

present complaint case has been lodged by the wife of

the petitioner on 17.2.2009. It has further been pointed

out that the order of the Sessions Court shows that

petitioner was willing to keep his wife with him but she

refused to live with him.

Considering all the facts and circumstances, the
-2-

prayer for anticipatory bail is allowed. In the event of

arrest or surrender within six weeks, petitioner, Bipul

Kumar Mahto, shall be released on bail on furnishing

bail bond of Rs.7000/- with two sureties of the like

amount each to the satisfaction of SDJM, Begusarai in

connection with complaint case no.356 C/ 09, subject to

conditions laid down under Section 438 (2) CrPC.

(Shiva Kirti Singh, J.)

sk