Mintoo Soni @ Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6194 of 2019 Arising Out of PS. Case No.-512 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== Mintoo Soni @ Durgesh Kumar, aged about 33 years (M), Son of Ramanand Soni, Resident of Village - Machcharganwa, P.S. Jogapatti, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Satyadeo Singh Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Jogapatti P.S. Case No. 512 of 2018 registered for the offences punishable under Sections 494 and 498-A of the Indian Penal Code.

Informant who is wife of the petitioner has alleged that petitioner and his family members demanded dowry of Rs. 2 lacs and motorcycle and due to non-fulfillment of demand of dowry she was assaulted and tortured and on 05.10.2018 she was ousted from his house.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.6194 of 2019(2) dt.07-02-2019 2/2 falsely implicated in this case. Petitioner has never demanded dowry nor he has subjected her to cruelty in any manner whatsoever. Petitioner is in custody since 04.11.2018. Considering the aforesaid facts 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Jogapatti P.S. Case No. 512 of 2018, 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 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