Sanjeet Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27824 of 2024 Arising Out of PS. Case No.-280 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== Sanjeet Mahto son of Shivchandra Mahto Village- Rampur ward no 14 PS -Harlakhi District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Harlakhi P.S. Case no. 280 of 2021 instituted for the offence under Sections 323, 341, 354(A), 379, 504, 506 and 34 of the Indian Penal Code and 3/4 of the D.P. Act. As per allegation in the FIR, informant alleged that her marriage was solemnized with this petitioner five years ago. Thereafter, the family members of the petitioner started demanded dowry of Rs. 1 lac and due to non-fulfillment, she is subjected to cruelty and harassment. It is further alleged that her brother-in-law tried to make illicit relationship with her. Lastly, she was ousted from her matrimonial house.

Patna High Court CR. MISC. No.27824 of 2024(2) dt.26-04-2024 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is the husband of the informant/victim due to which he has falsely been implicated in this case. It is further submitted from para-8 of this petition all the alleged offences are bailable in nature, save and except Section 379 of IPC and 3⁄4 of D.P Act but as per allegation, no case under Section 3⁄4 of D.P. Act is made out and the allegation of theft is also super addition and ornamental one. The informant is already living in her parental house prior to registration of Harlakhi P.S. Case. No.

06. of 2019, which she had lodged earlier against this petitioner as well as his other family members. It is also submitted from para-10 of this petition that informant herself is not willing to live with this petitioner in order to extort huge amount from this petitioner and in this attempt, in filing successive cases against this petitioner with nasty allegations in order to put pressure and lower the social status of the petitioner.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender

Patna High Court CR. MISC. No.27824 of 2024(2) dt.26-04-2024 3/3 in connection with Harlakhi P.S. Case no. 280 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Benipatti subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shubham/- U T