Patna High CourtCR. MISC./56019/2018bail granted

Deo Chandra Kumar Mahto v. State Of Bihar And ANR

2018-09-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56019 of 2018 Arising Out of PS. Case No.-1126 Year-2015 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Deo Chandra Kumar Mahto S/o Shatrudhan Mahto, R/v Balua (Tole) Dullipatti, P.S. Jaynagar, Dist. Madhubani ... ... Petitioner/s

Versus

1. State Of Bihar

2. Bebi Devi w/o Dev Chandra Kumar Mahto at present D/o Vishnudev Singh, R/v Khajauli, P.S. Khajauli, Dist. Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner seeks bail in a case registered under Sections 323, 379, 498A, 120B, 504/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.07.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.56019 of 2018(2) dt.10-09-2018 2/2 falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and learned counsel for the complainant, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let 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.C.J.M. VI Class, Madhubani in connection with C.R. case No.1126 of 2015.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Narendra/- U T