Sadhu Mahto @ Sadhu Prasad @ Sadju Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34572 of 2025 Arising Out of PS. Case No.-283 Year-2010 Thana- NAUBATPUR District- Patna ====================================================== Sadhu Mahto @ Sadhu Prasad @ Sadju Prasad son of Arbind Mahto Resident of Village -Hemanchak PS -Naubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Naubatpur P.S. Case No. 283/2010 (Sessions Trial No. 698/2018) dated 02.11.2010 registered for the offence punishable u/s 304B and 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's sister mentally and physically due to non-fulfillment of demand of dowry. On 01.10.2010, the informant went to the petitioner's house and came to know that the petitioner and the co-accused person, namely, Arvind Mahto have committed murder of her

Patna High Court CR. MISC. No.34572 of 2025(2) dt.29-07-2025 2/3 sister for the sake of dowry and her dead body was disappeared by the accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. Earlier the regular bail of the petitioner has been rejected by this court vide order dated 24.09.2024 passed in Cr. Misc. No. 63148/2024. Learned counsel for the petitioner has submitted that two witnesses have been examined who were declared hostile. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased who committed murder of the informant's daughter due to non-fulfillment of demand of dowry.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.34572 of 2025(2) dt.29-07-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Naubatpur P.S. Case No. 283/2010, with the condition;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T