Mantosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3678 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- DESARI District- Vaishali ====================================================== Mantosh Kumar, Son of Shankar Ray, Resident of Village - Murauwatpur, P.S.- Desari, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Desari P.S. Case No. 233 of 2022 dated 04.06.2022 registered for the offences punishable u/ss 341, 323, 379, 498A, 494, 504 and 506 read with Section 34 of the Indian Penal Code as well as u/ss 3 and 4 of Dowry Prohibition Act.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant for

Patna High Court CR. MISC. No.3678 of 2023(2) dt.27-04-2023 2/2 the sake of motorcycle and Rs. 5 lakhs.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is the husband of the informant who is in custody since 28.10.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Desari P.S. Case No. 233 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T