High Court Patna High Court - Orders

Ram Nandan Mahton vs The State Of Bihar & Anr on 9 November, 2011

Patna High Court – Orders
Ram Nandan Mahton vs The State Of Bihar & Anr on 9 November, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.36955 of 2011
                        Ram Nandan Mahto son of Hardeo Mahto,
                        Resident of village-Birpur, P.S.-Birpur,
                        District-Begusarai.
                                               Versus
                        1.The State of Bihar
                        2.Bibha Kumari wife of Ram Nandan Mahto
                          D/o late Hardeo Mahto, resident of village-
                          Barhara, P.S.-Birpur, District-Begusarai
                                         ----------

2. 9.11.2011. Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner apprehends his arrest in connection with a

case in which cognizance of the offence punishable under sections

498A and 323/34 of the Indian Penal Code and section 4 of the

Dowry Prohibition Act has been taken.

It is submitted that admittedly the marriage took place in

the year 2003 and the present complaint has been filed on 4.2.2010.

The story of subjecting the complainant to cruelty for non-

fulfillment of demand of dowry is disputed. It is submitted that the

complainant has left her matrimonial home and deserted the

petitioner out of her own free will. He does not want to reside in

joint family. The petitioner is ready to keep her wife with dignity

and honour.

Taking into consideration the nature of allegation, facts

and circumstances of the case let the petitioner named above, in the

event of arrest or surrender before the court below within a period of

four weeks from the date of receipt/communication of the order be

released on bail on furnishing bail bonds of Rs.5,000/- (five

thousand) with two sureties of the like amount each to the
2

satisfaction of learned S.D.J.M., Begusarai in connection with

Complaint Case No. 227C of 2010 subject to the conditions as laid

down under section 438(2) of the Code of Criminal Procedure.

Md.S.                           ( Ashwani Kumar Singh, J.)