Rajendra Mahto vs The State Of Bihar on 5 December, 2011

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Patna High Court - Orders

Rajendra Mahto vs The State Of Bihar on 5 December, 2011

Bench: Akhilesh Chandra

                                     1




                 IN THE HIGH COURT OF JUDICATURE AT PATNA

                           Criminal Miscellaneous No.42379 of 2010

                 Rajendra Mahto S/o Kartik Mahto, R/o Village-Rupaspur
                 P.S. Rautara, District-Katihar.           --Petitioner

                                          Versus

                  1. The State Of Bihar
                  2. Jiwanti Kumari, W/o Rajendra Mahto, D/o Surya
                     Narayan Mahto, R/o Village- Rupaspur, P.S. Rautara
                     District-Katihar
                                                          --Opp.Party


5   05.12.2011

Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

Petitioner is named accused in this case being husband of the complainant. Submission of the Bar is that all disputes between the couple has been resolved and the Matrimonial Case no. 358 of 2009 before Principal Judge, Family Court, Katihar has already been decreed and the prayer of the petitioner under Section 9 of the Hindu Marriage Act is allowed. Thus Giving respect to said order also the couple intends to resume and continue matrimonial relationship with each other with all due respect for both and respective 2 families.

In view of the above, in the event of filing a joint application for compromise / individual application on behalf of petitioner stating all facts and intentions, within four weeks, the petitioner is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Katihar in Complaint Case no. C.A. 3702 of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure on the condition that the petitioner shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled with further additional condition that in the event of filing of joint petition or in the event of individual application on behalf of the petitioner but only on receipt of positive response from the complainant, Court shall 3 permit the couple to rejoin, with intimation to Principal Judge, Family Court, Katihar, in Matrimonial Case no. 358 of 2009, the company and reside at the place of their choice and personally report the Court on the dates fixed for the purpose and on being satisfied on their conduct appropriate order in accordance with law will be passed.

( Akhilesh Chandra, J.) AAhmad

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Patna High Court - Orders