Vijay Kumar @ Vijay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5712 of 2023 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA P.S. District- Saran ====================================================== VIJAY KUMAR @ VIJAY MAHTO Son of Satyanarayan Mahto Resident of Shyamchawk, P.S.- Bhagwan Bazar, District- Saran at Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PINKI KUMARI Wife of Vijay Kumar @ Vijay Mahto, D/O Kameshwar Mahto Resident of- Mauna Daldali Bazar Harijan Toli, P.S.- Town Chapra, District- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shrinath Manjhi For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498A, 341, 323, 379, 504, 506, 120B)/34 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act.

As per prosecution case, the informant alleged that her marriage was solemnized with this petitioner on 25.6.2018, thereafter the accused persons including petitioner used to torture and assault her due to non-fulfillment of dowry demand of Rs. 2 lakhs.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner

Patna High Court CR. MISC. No.5712 of 2023(2) dt.17-02-2023 2/2 is husband of the informant due to which he has falsely been made accused in this present case. It is further submitted that the petitioner has never demanded dowry and still ready to keep his wife/informant with full dignity and honour. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 6.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 18 of 2020 arising out of Complaint Case NO. 4346(C) of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra.

(Sunil Kumar Panwar, J) amandeep/- U T