Arbind Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26460 of 2022 Arising Out of PS. Case No.-250 Year-2021 Thana- MANJHI District- Saran ====================================================== Arbind Mahto S/O Late Shankar Mahto R/O Village- Ghorahat, P.S.- Manjhi, District- Saran (Chapra) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Devi W/o Arvind Mahto R/o village- Ghorahat, Mathiya, P.S.- Manjhi, District- Saran (Chapra) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the parties.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 498A/34 of the Indian Penal Code.

Petitioner, who is husband of opposite party no. 2, is said to have ousted the opposite party no. 2 from her matrimonial home in association of his family members over the dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that there is

Patna High Court CR. MISC. No.26460 of 2022(4) dt.27-03-2023 2/2 specific allegation against co-accused Rajan Kumar Mahto who gave a Dab blow on the head of the informant due to which blood was oozing out. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned counsel for the informant fairly submits that the opposite party no. 2 is residing with the petitioner. This fact has not been denied by the learned counsel for the petitioner.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Manjhi P.S. Case No. 250 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T