Patna High CourtCR. MISC./18264/2019bail granted

Shravan Mahto v. The State Of Bihar

2019-05-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18264 of 2019 Arising Out of PS. Case No.-135 Year-2013 Thana- SONBERSA District- Sitamarhi ====================================================== SHRAVAN MAHTO S/o Yogendra Mahto R/o Village- Parsa Mahind, P.S.- Sonbarsa, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B, 201/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.1.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. From perusal of paragraphs 7, 8 and 9 of the case diary, it is evident that the deceased is said to

Patna High Court CR. MISC. No.18264 of 2019(3) dt.01-05-2019 2/2 have committed suicide. Hence, no offence under Section 304B IPC is made out. At best, it is a case for an offence under Section 306 IPC.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-V, Sitamarhi in connection with Sonbarsa P.S. Case No. 135/13.

(Sudhir Singh, J) Pankaj/- U T