Binod Mahton @ Binod Mahto v. The State Of Bihar
Patna High Court Cr.Misc. No.40735 of 2017 (2) dt.28-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40735 of 2017 Arising Out of PS.Case No. -383 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Binod Mahton @ Binod Mahto, Son of Pradeep Mahton, Resident of Village- Mohanur, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 315, 323, 328, 376, 493, 496, 498(A), 120(B) of the Indian Penal Code and 4 of Dowry Prohibition Act and 4 of the POCSO Act.
Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner has
Patna High Court Cr.Misc. No.40735 of 2017 (2) dt.28-08-2017 further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Begusarai in connection with Begusarai Muffasil P.S. case No.383 of 2016 (POCSO case No.60 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T