Patna High CourtCR. MISC./3819/2019rejected

Ashok Mahto @ Ashok Kushwaha v. The State Of Bihar

2019-03-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3819 of 2019 Arising Out of PS. Case No.-131 Year-2017 Thana- SRINAGAR District- West Champaran ====================================================== Ashok Mahto @ Ashok Kushwaha, Son of Jagdish Mahto, Resident of Village - Rasoolpur Mathiya, Police Station - Sanichay, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 This application, for grant of anticipatory bail, arises out of Srinagar (Pujaha) P.S. Case No. 131 of 2017, disclosing offences under Sections 344, 323, 363, 365, 504, 498(A), 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation as per F.I.R. is that the co-accused persons, who are husband and mother in law of the daughter of the informant used to torture the daughter of the informant in connection with demand of dowry and it is alleged that the petitioner being son in law of the informant used to go to the matrimonial house of her second daughter and on his instigation co-accused persons assaulted her and when the informant went to meet her daughter, she was informed that she has gone with the petitioner and since then she is traceless.

Patna High Court CR. MISC. No.3819 of 2019(4) dt.26-03-2019 2/2 Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and the petitioner has nothing to do with the affairs of the victim and her husband and has falsely been roped in the present case and no specific allegation has been attributed to him. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail rather, the petitioner, if so desire, may surrender before the court below and pray for regular bail and if any such application is filed, the court below shall dispose of the same on the merit of the case, without being prejudiced by the order of this Court.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T