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Patna High CourtCR. MISC./36294/2025bail granted

Shankar Suman Mahto @ Guddu @ Shankar Suman v. The State Of Bihar

2025-09-03Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36294 of 2025 Arising Out of PS. Case No.-324 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Shankar Suman Mahto @ Guddu @ Shankar Suman S/o- Ram Udgar Mahto Village- Tataila Ps- Kamtaul Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Indra Kumari W/o- Shankar Suman Mahto @ Guddu @ Shankar Suman Village- Tataila Ps- Kamtaul Dist- Darbhanga, P/A- Kharoua Ps- Rahika Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Dev Yadav Mr. Ravi Prakash Mr. Udeshya Kumar Yadav For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 324 of 2023, dated 24.04.2023, registered for the offences punishable under Sections 147/148/149/323/341/342/379/380/498-A/494 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 28.04.2022 and at the time of

Patna High Court CR. MISC. No.36294 of 2025(3) dt.03-09-2025 2/3 marriage a sum of Rs. 2,00,000/- cash, a motorcycle worth Rs. 1,25,000/- and other household article worth Rs. 2,00,000/- was given as gift. It has further been stated that after some time the petitioner, along with other coaccused persons, started demanding a sum of Rs. 5,00,000/- as dowry. Due to non-fulfillment of the said demand, the complainant was tortured mentally and physically. It is also alleged that the petitioner has an illicit relationship with one Raushani Kumar and when the complainant objected, she was assaulted by the petitioner and other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He next submits that petitioner is ready to keep the complainant-opposite party no. 2 with him with full honour and dignity. He further submits that pursuant to the interim order passed by learned Principal Judge, Family Court, Madhubani in maintenance case, filed by the opposite party no. 2 under Section 125 of the Code of Criminal Procedure, the petitioner is regularly paying a sum of Rs. 5000/- as maintenance in favour of the

Patna High Court CR. MISC. No.36294 of 2025(3) dt.03-09-2025 3/3 opposite party no. 2.

5. Despite notice, no one appeared on behalf of the opposite party no. 2

6. Regards being had to the submission advanced by learned counsel for the petitioner and taking into consideration the nature of allegation and justification given by the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Complaint Case No. 324 of 2023. (Anil Kumar Sinha, J) ashwani/- U T