Patna High Court - Orders
Vijay Kumar Mahto & Ors. vs State Of Bihar & Anr on 15 May, 2014
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14881 of 2014
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1. Vijay Kumar Mahto, son of Kishori Mahto
2. Kishori Mahto @ Kishori Roy, son of late Anand Rai
3. Sita Devi, wife of Kishori Mahto
4. Ajay Kumar Mahto @ Ajay Mahto, son of Kishori Mahto
All resident of village - Rai Saheb Pokhar, P.S.- Bahadurpur, District -
Darbhanga
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Ranjeeta Devi, wife of Vijay Kumar Mahto, Daughter of Shiv Kumar
Rai, resident of village - Dumduma, P.O.- Laheriyasarai, P.S.-
Laheriyasarai, District - Darbhanga
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2 15-05-2014Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in a case instituted for the offence under Sections 341, 323, 498(A), 376, 511, 307, 504, 379 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
Considering that the Petitioners No. 2, 3 and 4 are in- laws of the Informant and undertake to assist in talks of settlement, it is ordered that in the event of surrender/arrest of the Petitioners No. 2, 3 and 4, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Laheriyasarai P.S. Case No. 511 of 2013, they shall be Patna High Court Cr.Misc. No.14881 of 2014 (2) dt.15-05-2014 2/4 released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Sections 438(2) Cr. P.C. and (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
As for Petitioner No. 1 namely, Vijay Kumar Mahto, since he is ready to explore the possibility of settlement, Issue notice to the Opposite Party No. 2 for which requisites etc. under ordinary process as well as registered cover with A/D. must be filed within ten days after reopening of summer vacation, failing which this application as against her shall stand rejected Patna High Court Cr.Misc. No.14881 of 2014 (2) dt.15-05-2014 3/4 without further reference to the Bench.
Rule is made returnable within eight weeks.
In the meanwhile, it is ordered that in the event of surrender/arrest of the Petitioner No. 1, named above, within four weeks from the date of receipt/production of a copy of this order, in connection with Lahariyasarai P.S. Case No. 511 of 2013, he shall be released on provisional anticipatory bail till further orders on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under sections 438(2) Cr. P.C. and that one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.
The petitioner No. 1 is directed to deposit Rs.750/- (Seven hundred fifty) per month in the court below firstly within 15 days of the receipt of this order and subsequently by 15th every month which the wife of the petitioner will be at liberty to withdraw without prejudice the right of the parties. The court below shall inform the wife of the petitioner about the present Patna High Court Cr.Misc. No.14881 of 2014 (2) dt.15-05-2014 4/4 order. However, if the Complainant/Informant has a Bank account or subsequently opens a Bank account, the money shall be deposited in the account and a receipt to this effect shall be filed by 15th every month in the court below and in case he fails to do so, his anticipatory bail would be automatically cancelled.
(Anjana Prakash, J) S.Ali/-