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
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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
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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