Awadhesh Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43774 of 2024 Arising Out of PS. Case No.-691 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Awadhesh Mahato, Son of Nagina Mahato, Resident of village - Math Lohiyar Sahmalwa, P.S.- Harsidhi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Harsidhi P.S. Case No. 691 of 2023 registered for the offence punishable under Sections 341, 342, 307, 323, 506, 34 of the Indian Penal Code.

3. As per prosecution case, due to non-fulfillment of demand of dowry the petitioner along with other co-accused persons tortured and assaulted the informant.

4. Learned counsel for the petitioner submits that petitioner is the husband of the informant and due to matrimonial dispute between the parties, the informant has falsely implicated the petitioner in this case. The injury found on the informant is simple in nature and the FIR has been

Patna High Court CR. MISC. No.43774 of 2024(2) dt.21-06-2024 2/2 lodged after three days of the alleged occurrence without any plausible explaination. It is further submitted that except one criminal case filed by the informant earlier, petitioner has no other criminal antecedent. Petitioner is in custody since 12.03.2024, charge-sheet has already been submitted and the petitioner undertakes to cooperate in the trial and investigation.

5. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1st Class, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 691 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T