Allowed¶23

Parmeshwar Mahto v. The State of Bihar

Patna HC28 Aug 2024CR. MISC./33108/2023

Case brief

AI extract

What is this about?

Anticipatory bail, Section 438(2) Cr.P.C., Sections 323, 379, 504, 406, 498A and 494 IPC, matrimonial dispute, alleged third marriage (bigamy, S.494 IPC), restitution of conjugal rights refused by wife, Complaint Case No. 457 of 2017, PS Case No. 457/2017, Thana Samastipur, District Samastipur, Parmeshwar Mahto v. State of Bihar & Soni Devi, Patna High Court, CR. MISC. No.33108 of 2023, Justice Satyavrat Verma, order dated 28-08-2024, bail bond Rs. 5,000/- with two sureties, surrender within six weeks.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail bonds of Rs. 5,000/- with two sureties of the like amount each upon arrest or surrender before the learned trial court within six weeks, subject to conditions under Section 438(2) Cr.P.C., in connection with Complaint Case No. 457 of 2017. ¶23

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 457 of 2017 registered for offences punishable under Sections 323, 379, 504, 406, 498A and 494 IPC, should be released on anticipatory bail.

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Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C., in connection with Complaint Case No. 457 of 2017.

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Ratio / Principle

The petitioner's submission, pleaded at para-16 of the anticipatory bail application, that opposite party No. 2 had performed a third marriage with Rama Mahto and a child was born therefrom, demonstrating that she never intended to restitute her conjugal rights, was recorded as not disputed by counsel for opposite party No. 2 and formed part of the submissions considered in granting bail.

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Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), by oral order dated 28-08-2024 in Criminal Miscellaneous No.33108 of 2023, allowed an application for anticipatory bail arising out of Complaint Case No. 457 of 2017 (PS Case No. 457 of 2017, Thana Samastipur), registered for offences punishable under Sections 323, 379, 504, 406, 498A and 494 IPC. The Court noted the petitioner's plea at para-16 of the application that opposite party No. 2 had performed a third marriage with Rama Mahto and a child was born therefrom, showing she never intended to restitute conjugal rights; the plea was not disputed by opposite party No. 2. Considering the submissions, the Court directed that, in the event of arrest or surrender before the learned trial court within six weeks, the petitioner be released on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33108 of 2023

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Arising Out of PS. Case No.-457 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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

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PARMESHWAR MAHTO S/O JUNG MAHTO R/O Village- Dehlahi, P.SBishanpur, Distt.- Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Soni Devi D/O Ramakant Mahto R/O Village- Bharbari, P.S- Rosera, Distt.Samastipur.

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr.Suman Kumar Singh For the Opposite Party/s : Mr.Akbar Ali ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 28-08-2024

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1. Heard learned counsel for the petitioner, learned

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A.P.P. for the State and learned counsel appearing on behalf of the OP No. 2.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 379, 504, 406, 498A and 494 of the Indian Penal Code.

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3. Learned counsel for the petitioner submits that a specific pleading has been made at para-16 of the anticipatory bail application that OP No. 2 had performed her third marriage with Rama Mahto, S/O Bharoshi Mahto, Village-Narhan, P.S. Biroipur, Dist.- Samastipur and from the wedlock, a child was born. It is next submitted that this amply demonstrates that OP

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Patna High Court CR. MISC. No.33108 of 2023(3) dt.28-08-2024 2/2

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No. 2 never intended to restitute her conjugal rights.

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4. The said submission of the learned counsel

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appearing on behalf of the petitioner is not disputed by the learned counsel appearing on behalf of the OP No. 2.

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5. 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 anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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 Complaint Case No. 457 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Parmeshwar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Parmeshwar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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