Binod Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56125 of 2023 Arising Out of PS. Case No.-1628 Year-2020 Thana- COMPLAINT CASE District- Araria ====================================================== 1.
BINOD MAHTO Son of Banwari Mahto Resident of Sarnarthi Tola, Ward No. 10, Kala Balua, P.S.-Raniganj, District-Araria 2.
PUSHPA DEVI Wife of Binod Mahto Resident of Sarnarthi Tola, Ward No. 10, Kala Balua, P.S.-Raniganj, District-Araria 3.
SHIBU PASWAN @ SHIVU PASWAN Son of Satto Paswan Resident of Hiranagar Ward No. 12, Kala Balua, P.S.-Raniganj, District-Araria 4.
BHARAT LAL PASWAN Son of Satto Paswan Resident of Hiranagar Ward No. 12, Kala Balua, P.S.-Raniganj, District-Araria 5.
BRAHMDEO PASWAN Son of Mallab Paswan 3 to 5 Resident of Hiranagar Ward No. 12, Kala Balua, P.S.-Raniganj, District-Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
ANJU KUMARI Daughter of Pradip Paswan Resident of Hiranagar Ward No. 12, Kala Balua, P.S.-Raniganj, District-Araria. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim, Adv.
For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP.
Mr. Mukesh Kumar Rana, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 498(A), 34 of the Indian Penal Code.
3. Allegedly, all the FIR named accused persons including the petitioners are said to have tortured upon the complainant physically and mentally over the dowry demand.
4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. Petitioner nos. 1 & 2 are father in law and mother in law of the
Patna High Court CR. MISC. No.56125 of 2023(3) dt.09-11-2023 2/2 complainant, respectively, whereas petitioner nos. 3 to 5 are covillagers of the complainant. They have been falsely implicated in the present case due to ulterior motive. Petitioners have neither made any dowry demand nor tormented her over the demand of dowry. There is specific allegation against co-accused Kanhaiya Kumar, who is husband of the complainant. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Araria Complaint Case No. 1628 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T