Mithlesh Mahton v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63610 of 2017 Arising Out of PS. Case No.-92 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Mithlesh Mahton, S/o Garib Mahto, Resident of Village-Bhagatola, P.S.- Khagaria (Town) District-Khagaria.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Nunu Babu Rai, Son of Bhukhal Rai, Resident of Village-Laxmipur Dhabauli, P.S. Muffasil, District-Begusarai.

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

For the Petitioner/s :

Mr. Randhir Kumar No-1, Adv.

For the State :

Mr. BAL MUKUND PRASAD SINHA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 365, 302, 498A, 504, 420, 201/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. Charge sheet has been submitted for an

Patna High Court Cr.Misc. No.63610 of 2017(2) dt.05-01-2018 2/2 offence under Section 498A of the I.P.C. Section 302 of the I.P.C. has been mentiond in the F.I.R. due to typographical error. The victim has already performed second marriage. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Muffasil P.S. case No.92 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T