IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23141 of 2008 AJAY MAHTO @ AJAY PRASAD Versus STATE OF BIHAR & ANR ----------- 5. 19.9.2008 Heard the learned counsel for the petitioner and the State as well as opposite party no.2. The petitioner is apprehending his arrest in connection with Manpur P.S. Case No.66/2006 for the alleged offences registered under section 498A/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that there is absolutely no allegation against this petitioner. It is further submitted that the allegations are against other co-accused, who is alleged to have assaulted the daughter of the informant. However, no injury was found on the person of the lady. The learned counsel submits that in course of investigation, the daughter of the informant had made a general allegation that all the family members, including the husband used to assault her. It is submitted that co- accused Umesh Mahto has been allowed bail by the order of the Sessions Judge while rejecting the anticipatory bail application of this - 2 - petitioner. Notwithstanding the above, the learned counsel submits that the petitioner is ready to keep the daughter of the informant and maintain her in a dignified manner as a legally wedded wife. The learned counsel for opposite party no.2 submits that the daughter of the informant is agreeable to live with the petitioner, provided she is treated and maintained in a dignified manner as per the status of the family and not to repeat the allegations as attributed against him. Considering the above, it is directed that the petitioner above named, in the event of his arrest or surrender in connection with Manpur P.S. Case No.66/2067, within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. It is promised on behalf of the - 3 - petitioner that the daughter of the informant shall be looked after well as legally wedded wife and the petitioner shall also take care of her medical treatment at his cost within two weeks from today and also as and when required and thereafter he shall bring and keep her with dignity at his house. It is made clear that in case the petitioner fails to keep his promises as aforesaid, it will be open for the opposite party no.2 to take steps for cancellation of bail of the petitioner on reasonable grounds. The application is, accordingly, disposed of. PNM (Shailesh Kumar Sinha,J.)