Shambhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36857 of 2020 Arising Out of PS. Case No.-301 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== SHAMBHU MAHTO Son of Rama Mahto Resident of Village - Singaha Balua, P.S.- Harsidhi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nirmal Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioner and Sri Nirmal Kr. Sinha, the learned APP for the State. The petitioner seeks regular bail in connection with Harsidhi PS case no. 301 of 2020 instituted for the offences punishable under Sections 304(B) of Indian Penal Code and 3/4 of Dowry Prohibition Act.

The allegation is regarding the accused persons including the petitioner herein who happens to be the father-inlaw of the deceased victim lady, having strangulated the deceased victim lady to death due to non-fulfilment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and

Patna High Court CR. MISC. No.36857 of 2020(2) dt.01-02-2021 2/2 is languishing in custody since 17.07.2020. The learned counsel for the petitioner has further submitted that the husband of the deceased victim lady is in custody who is the main accused in the present case, hence no prejudice would be caused, in case the petitioner is granted bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the husband of the deceased victim lady who is the main accused, is already behind bars, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi PS case no. 301 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T