Patna High CourtCR. MISC./724/2021bail granted

Mahanth Kumar v. The State Of Bihar

2021-03-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.724 of 2021 Arising Out of PS. Case No.-107 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Mahanth Kumar S/o Rajendra Yadav Resident of Village - Aahok Ghat, P.S. - S.Kamal, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with S. Kamal P.S. Case no. 107 of 2019 registered under sections 307, 328, 498A and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per allegation in the FIR, the accused persons including the husband as also the Devar of the informant tortured the informant and also made an attempt to kill her. It is submitted by learned counsel for the petitioner that the differences between the informant and her husband having been settled, the husband of the informant has been enlarged on bail vide order dated 25.1.2021 passed in Cr. Misc. no. 18560 of

Patna High Court CR. MISC. No.724 of 2021(2) dt.19-03-2021 2/2 2020. The petitioner happens to be the brother-in-law of the informant who is in custody since 27.1.2020. He has no criminal antecedent.

Learned APP for the State has opposed the prayer for bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to the husband of the informant as also the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with S. Kamal P.S. Case no. 107 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) Prakash/- U