Allowed

Santosh Mahto v. The State of Bihar

Patna HC1 Jul 2024CR. MISC./11904/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner husband in a dowry cruelty case, subject to furnishing bail bonds and paying monthly maintenance to the wife. The Court allowed the wife to seek cancellation if maintenance is not paid for two consecutive months.

What did the court decide?

Anticipatory bail granted subject to furnishing bail bonds of Rs. 10,000/- with two sureties and paying monthly maintenance of Rs. 4,000/-.

Santosh Mahto Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11904 of 2024

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Arising Out of PS. Case No.-75 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga

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======================================================

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Santosh Mahto S/O RAJENDRA MAHTO VILLAGE- MAHTHOR, PS. MANIGACHHI, DIST. DARBHANGA.

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... ... Petitioner/s

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Versus

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The State of Bihar

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PHOOL DEVI W/O SANTOSH MAHTO VILLAGE- MAHTHOR, PS.MANIGACHHI, DIST.DARBHANGA.

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... ... Opposite Party/s

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======================================================

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Appearance : For the Petitioner/s : Mr. Jitendra Sagar For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 01-07-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No. 2.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 354(a), 504, 506 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

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Learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the instant case by the informant. It is next submitted that out of the wedlock, three children were born who presently are staying with the petitioner and the relationship in between the petitioner

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Patna High Court CR. MISC. No.11904 of 2024(4) dt.01-07-2024 2/3

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and the O.P. No. 2 has soured to an extent where it is not possible to revive the conjugal relationship, but then it is submitted, based on instruction, that petitioner is willing to pay a monthly maintenance of Rs. 4,000/- to the O.P. No. 2.

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The learned counsel appearing on behalf of the O.P. No. 2 submits that since petitioner is ready to pay a monthly maintenance of Rs. 4,000/- to the O.P. No. 2, as such, no useful purpose would be served by sending the petitioner to jail. It is also submitted that may be with passage of time and on intervention of well wishers, the parties may resolve their dispute.

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Learned counsel appearing on behalf of the O.P. No. 2 submits that he will Whatsapp the bank account number of the O.P. No. 2 on the Whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance, as agreed, commences from 22.07.2024.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

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Patna High Court CR. MISC. No.11904 of 2024(4) dt.01-07-2024 3/3

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anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ghanshyampur P.S. Case No. 75 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, it is made clear that the O.P. No. 2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event if the petitioner does not deposit the amount of monthly maintenance, as agreed, for two consecutive months.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Santosh Mahto v. The State of Bihar

Case brief

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Santosh Mahto v. The State of Bihar

Case brief

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