Bhola Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20279 of 2017 Arising Out of PS.Case No. -737 Year- 2015 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Bhola Mahto Son of Late Sital Mahto, Resident of Village- Bahera (Bhardaiya Pokhar), P.S.- Bahera District- Dardbhanga. .... .... Petitioner

Versus

1. The State of Bihar.

2. Renu Devi, D/o Umesh Mahto, Resident of Village/Mohalla- Azam Nagar, P.S.- L.N.M.U. District- Darbhanga.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kedar Jha For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest for the offence instituted under Section 498A of the Indian Penal Code and 4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

Vide order dated 03.08.2017, the matter was referred to the Mediation and Reconciliation Centre, Patna High Court, Patna but as per report of the Mediator, the mediation has failed. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.20279 of 2017 (4) dt.12-10-2017 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. Due to petty family dispute, the present case has been instituted against the petitioner. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State it has been submitted that the petitioner is named in the Complaint Case.

Considering the aforesaid facts and circumstances, let the petitioner above named 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 in connection with Complaint Case No.737 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T