Munna Prasad Sah @ Munna Prasad @ Munna Pd. @ Munna Pd. Devnath Sah @ Prasad Devnath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25593 of 2024 Arising Out of PS. Case No.-364 Year-2016 Thana- MASHRAK District- Saran ====================================================== Munna Prasad Sah @ Munna Prasad @ Munna Pd. @ Munna Pd. Devnath Sah @ Prasad Devnath Sah S/o Late Devnath Shah R/o vill - Panchkhanda, P.s. - Mashrakh, Distt. - Saran, Present Address Flat No. 102, C Wing, Gat No. 733, Kale Residency, P.s. - Lonikand, Distt. - Pune, Maharastra, Pin 412207 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Suganti Devi W/o Munna Prasad Shah @ Munna Prasad, D/o Ekam Shah R/o vill - Pachkhanda, P.S. - Mashrak, Distt. - Saran Presently Residing at Village - Pipra, P.s. - Panapur, Distt. - Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Munna, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab,APP Mr. Tej Pratap Singh,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for offence under Sections 323, 341, 498(A), 379, 307, 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. Allegation against this petitioner is that he alongwith other family members demanded motorcycle, as dowry, and due to non-fulfillment of the same, the informant was subjected to torture and harassment. It is further alleged that this petitioner also tried to kill the informant by setting her on fire.
4. It is submitted on behalf of petitioner that petitioner
Patna High Court CR. MISC. No.25593 of 2024(3) dt.19-04-2024 2/2 has been falsely implicated in this case. Petitioner never demanded any dowry or committed torture to the informant. As a matter of fact, the alleged incident took place on 20.12.2015, but the complaint was instituted after inordinate delay of nine months without there being any plausible explanation of delay, which itself shows that case has been lodged after thought. Petitioner has got clean antecedent and is in custody since 05.02.2024. Chargesheet has been submitted.
5. Learned A.P.P. for the State and learned counsel for opposite party no. 2 vehemently opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner 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 learned A.C.J.M. - VII, Saran at Chapra in connection with Mashrak P.S. Case No. 364 of 2016 / G.R. No. 7908 of 2016.
(Prabhat Kumar Singh, J) anay U T