Patna High CourtCR. MISC./874/2016bail granted

Mukesh Mahto v. The State Of Bihar

2016-03-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.874 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -RIVILGANJ District- SARAN ======================================================

1. Mukesh Mahto S/o Asharfi Mahto, R/o Village- Mahamadpur, P.S.- Revilganj, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Arun Kumar Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Revilganj P.S. case No. 104 of 2015, disclosing offences under Sections 304B, 201/34 of the Indian Penal Code. Learned counsel for the petitioner submits that no offence under Section 304B of the Indian Penal Code is made out on the basis of the allegation made in the First Information Report inasmuch as, there is no allegation that soon before the deceased died, there was any demand of dowry made by the petitioner or his family members. Upon perusal of the First Information Report, I find substance in the submission made on behalf of the petitioner. Considering the submission as above, this application is

allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, 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 the learned ACJM-VIII, Saran at Chapra in Revilganj P.S. Case No. 104 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U