Dilip Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18227 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== Dilip Mahto Son of Munchun Mahto Resident of Village-Dumari, P.S.-Patori, District- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Kumar, Adv.

For the Opposite Party :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 2.

05-06-2020 The matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in Ganga Bridge P.S. case No. 163 of 2019 instituted for the offence under Section 323, 324, 307 and 504/34 of the I.P.C.

The prosecution case of the informant is that the petitioner had gone to his in-laws house for taking his wife ( daughter of informant) to her matrimonial home. It is alleged

Patna High Court CR. MISC. No.18227 of 2020(2) dt.05-06-2020 2/3 that petitioner demanded 20,000/- from his wife. Thereafter, he has assaulted the informant's wife and other family members (in-laws).

Petitioner's counsel submits that over a trivial issue altercation took place while he was at his in-law house. It is a case of false implication. The petitioner, who has sustained some injuries, is in custody since 20.09.2019. It is also submitted that petitioner bears no criminal antecedents. The learned counsel for the State opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with, Ganga Bridge P.S. Case No. 163 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the

Patna High Court CR. MISC. No.18227 of 2020(2) dt.05-06-2020 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T