Suraj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10374 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Suraj Mahto Son Of Dhanai Mahto R/O Village- Bangari, P.S.- Baburaj, District- Muzafarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Rajeev Nayan, App, 231 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 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 304(B)/34 of the Indian Penal Code.

Prosecution case relates to commission of murder of the informant's daughter due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. There is no prior complaint with respect to dowry demand against the petitioner. Neither the petitioner nor his family members ever tortured or mentally

Patna High Court CR. MISC. No.10374 of 2023(4) dt.14-09-2023 2/2 harassed the deceased rather they were so affectionate and supportive towards her. In fact, the deceased was mentally sick and had a quarrel with the mother of the petitioner and has committed suicide in absence of the petitioner. It is also submitted in para 7 of the supplementary affidavit that matter has been settled between the parties. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.11.2022.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baruraj P.S. Case No. 195 of 2022 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 1st Class, Muzaffarpur (West). (Sunil Kumar Panwar, J) lata/- U T