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Patna High CourtCR. MISC./15593/2023allowed

Ajit Kumar Mahto v. The State Of Bihar

2023-08-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15593 of 2023 Arising Out of PS. Case No.-394 Year-2015 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Ajit Kumar Mahto Son Of Jai Prakash Mahto R/O Mohalla- Gudri Bazar, P.SLahariasarai Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Devi Wife of Ajit Kumar Mahto , D/o Ramchandra Mahto R/VBhairopatti Kabirchak, P.S- Bahadurpur, Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Prasad For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. From perusal of the office notes, it appears that the notice has been validly served upon the opposite party no. 2 but nobody appears on her behalf.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 354, 448, 323, 307, 379, 392, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

Patna High Court CR. MISC. No.15593 of 2023(4) dt.29-08-2023 2/2

5. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He submits that there is no specific overt act against the petitioner. He submits that the complainant married with another person namely Chandravir Yadav on 11.03.2020 at Maa Shyama Mandir, Darbhanga.

6. In that view of the matter, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Laheriasarai P.S. Case No. 394 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T