Sunil Mahto @ Sunil Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40354 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Sunil Mahto @ Sunil Kumar Mahto, son of Gagandeo Mahto, resident of village - Piprpati, P.S. - Ramgarhwa, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304(B), 328, 201 and 328 of the Indian Penal Code.

The petitioner is husband of the victim of unnatural death. Initially, the informant had filed an application dated 19.07.2017 before the police disclosing a case of commission of suicide by his daughter and is specify that no one is involved in the said suicide. On the basis of the statement of aforesaid, an U.D. case was registered vide annexure-2 on 19.07.2017 itself. Thereafter, the complaint case was filed on 07.08.2017 alleging therein a case of demand of dowry and torture for the same.

Patna High Court Cr.Misc. No.40354 of 2018 (4) dt.06-10-2018 2/2 Submission is that in a preplanned manner, just to pressurize, false case has been lodged.

Finding substance in the submission aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released 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 the learned court below where the case is pending in connection with Ramgarhwa Police Station Case No. 177 of 2017 arising out of Complaint Case No. C-228/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/Rajan U T