← Library
Patna High CourtCR. MISC./27594/2018bail granted

Chando Mahto v. The State Of Bihar

2018-05-10Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27594 of 2018 Arising Out of PS.Case No. -21 Year- 2014 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Chando Mahto Son of late Ram Murti Mahto resident of Village - Bhelwa, P.S. - Bhawanipur, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2018 Heard the parties.

The petitioner, who happens to be the father-in-law of the petitioner, seeks anticipatory bail in connection with Bhagwanpur P.S.Case No. 21 of 2014, registered for offences punishable under Sections 304 (B), 201 and 34 of the Indian Penal Code and 3/4 Dowry Prohibition Act.

Allegation against the petitioner is that the petitioner along with his son tortured the daughter of the informant due to non fulfillment of the dowry.

Submission of the learned counsel for the petitioner is that there is no any specific allegation has been attributed against the petitioner and they were never subjected her with cruelty for demand of dowry and they have been implicated in this case on

Patna High Court Cr.Misc. No.27594 of 2018 (2) dt.10-05-2018 2/3 the basis of suspicion. It is also submitted that the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail .

Having heard both sides and in view of the facts discussed above, let the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Purnea in connection with Bhawanipur P.S.Case No. 21 of 2014, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.

With following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioner will not induce any witness or tamper with the evidence.

iii) The petitioner shall co-operate in the investigation of the case and make himself

Patna High Court Cr.Misc. No.27594 of 2018 (2) dt.10-05-2018 3/3 available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) Sudha/- U T