Shonu Mahto v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14353 of 2019 Arising Out of PS. Case No.-1827 Year-2016 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Shonu Mahto, Son of Late Ganaur Mahto, Resident of Village - Ahiyapur (Nazirpur), P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Kumari, Wife of Shonu Mahto, D/O- Sri Narain Mahto, Resident of Mohalla - Bibiganj, P.S.- Sadar, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1827 of 2016, disclosing offences under Section 498A of IPC and Section 3⁄4 of Dowry Prohibition Act.

A s per complaint case, there is allegation against the petitioner, who happens to be the husband of the complainant of demand of Rs.70, 000/- for purchasing a Auto Rikshaw and thereafter, demand of Rs.50,000/- for purchase of motorcycle, for that, she was assaulted and subjected to cruelty. It is also said that petitioner threatened unless to fulfill the above demand, she will not allow to reside with him. Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.14353 of 2019(9) dt.22-11-2019 2/2 that the allegation is false and concocted. He is still ready to keep her with dignity and care. For that dasti summons has already been issued to the complainant, but she or her father and mother received the dasti summons. An affidavit to that effect has also been filed by the petitioner and there is not chance of tampering with the evidence.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M. Muzaffarpur, in connection with Complaint Case No. 1827 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T