Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38649 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- BANIAPUR District- Saran ====================================================== MAHENDRA PRASAD, S/o- SHUBH LAL PRASAD, Village- Baniapur Tola Parsa Ps- Baniapur Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with B. P. No. 292/2023 arising out of Baniapur P.S. Case No. 28 of 2022 dated 12.01.2022 registered for the offences punishable u/ss 341, 323, 498A, 504 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.38649 of 2023(2) dt.28-06-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner neither demanded any dowry nor tortured the informant. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is the husband of the informant who is in custody since 02.07.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-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, Saran at Chapra in connection with Baniapur P.S. Case No. 28 of 2022.

The application stands allowed.

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