Harendra Mahto @ Harindra Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3272 of 2025 Arising Out of PS. Case No.-657 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Harendra Mahto @ Harindra Mahato Son of Late Ramchandra Mahto villageKalyanpur Chaksikandra, Dhala No 40, P.S.- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 657 of 2024 instituted for the offences under Sections 80, 238, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the husband of the deceased alongwith his family members tortured and killed the deceased for the non-fulfillment of demand of dowry. It is further alleged that this petitioner also participated in the alleged occurrence.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.3272 of 2025(3) dt.15-02-2025 2/3 Petitioner is the not the family member of the deceased and he is only co-villager. Learned counsel for the petitioner submitted that no specific overt act is alleged against the petitioner rather the specific allegation of demand of dowry, torture and, thereafter commission of murder of the deceased is against the husband of the deceased and the family members. Petitioner is nowhere concerned with the alleged occurrence. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.10.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, petitioner having no specific allegation of demand of dowry or commission of murder of the deceased as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.3272 of 2025(3) dt.15-02-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Bidupur P.S. Case No. 657 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T