Ranjit Kumar Mahto @ Ranjit Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5793 of 2019 Arising Out of PS. Case No.-117 Year-2017 Thana- DANDKHORA District- Katihar ====================================================== Ranjit Kumar Mahto @ Ranjit Mahto, aged about 36 years (M), son of Sri Chunchun Mahto, resident of village-Deokhand, P.S-Dandkhora,Distt.- Katihar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Anand, adv.
For the Opposite Party/s :
Mr.Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Sessions Trial No. 382 of 2018, arising out of Dandkhora P.S. Case No. 117 of 2017, registered for the offences punishable under Sections 304(B), 302/34, 201 and 120(B) of the Indian Penal Code.
Informant who is the father of deceased has filed a complaint case before the Chief Judicial Magistrate, Katihar inter alia alleging that marriage of his daughter was solemnized with petitioner by their choice in April, 2012 and thereafter she was being tortured for non-fulfillment of demand of dowry and on 02.07.2012 he executed a sale deed in favour of his daughter
Patna High Court Cr.Misc. No.5793 of 2019(2) dt.05-02-2019 2/3 on persuasion of petitioner and his families. It has been further alleged that his daughter had conceived and had pregnancy of 8 months but due to negligence in providing better treatment she died.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The complainant is next door neighbour and his daughter had married him on her own choice and liking, as such, they can't be any demand of dowry. They were living at Hyderabad and both lived happily and she became pregnant there. The wife of petitioner died on 30.09.2017 due to pregnancy complications and complaint was lodged before the Chief Judicial Magistrate on 17.10.2017. Petitioner is in custody since 08.06.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar, in connection with Dandkhora P.S. Case No. 117 of 2017, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the
Patna High Court Cr.Misc. No.5793 of 2019(2) dt.05-02-2019 3/3 court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T