Tuntun Mahto @ Tuntun Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22346 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Tuntun Mahto @ Tuntun Choudhary Son of Jay Singh Chaudhary Resident of Vill- Noniya Tola Lauriya, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhuri Kumari, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chanpatia P.S. Case No. 193 of 2024, instituted for the offences punishable under Sections 80, 61(2) and 238 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, daughter of the informant was done to death by the petitioner along with other co-accused persons for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is brother-in-law of

Patna High Court CR. MISC. No.22346 of 2025(2) dt.29-04-2025 2/2 husband of the deceased. The petitioner is separate in mess and business from the husband of the deceased. The petitioner has not demanded any dowry from the deceased. It is next submitted that husband of the deceased is in judicial custody. The petitioner is in custody since 08.01.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 12.02.2025 passed in Cr. Misc. No. 4287 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chanpatia P.S. Case No. 193 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T