Amarjeet Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5616 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- SISWAN District- Siwan ====================================================== AMARJEET MAHTO, S/o Atma Mahto, R/o village - Ramgadh, P.S. - Siswan (Chainpur), District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-10-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. There is allegation of torture for non-fulfillment of dowry demand against the petitioner and other family members. Submission is that other family members have already been allowed anticipatory bail by a Coordinate Bench of this Court vide order dated 11.09.2019 passed in Cr. Misc. No. 57602 of 2019.

Fact is that due to trivial quarrel in the family, the

Patna High Court CR. MISC. No.5616 of 2020(6) dt.19-10-2020 2/2 wife of the petitioner committed suicide and just to pressurize, false case has been lodged. Minor children of the petitioner are there in the family. Petitioner is in custody since 19.11.2019. Charges have already been framed during trial. Petitioner is ready to cooperate with the trial.

Considering the entire facts aforesaid, let the petitioner, above named, be released 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 below where the case is pending in connection with Siswan (Chainpur O.P.) Police Station Case No. 103 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be residents of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T