Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54909 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- KASBA District- Purnia ====================================================== Pramod Mahto Son of Rajendra Mahto Resident of Village-Tarangar, Ward No.3, P.S.-Kasba, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned Senior counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the victim, is languishing in custody since 18.05.2019 in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act. The prosecution case is that the sister of the informant was married with the petitioner, Pramod Mahto in the year 2009. On 29.08.2019 at 1.00 P.M., informant received information that his sister has died. It is alleged that the petitioner killed the informant's sister by strangulating her for non-fulfillment of further dowry demand.

It is submitted by learned Senior counsel for the petitioner that admittedly the victim died after 10 years of the

Patna High Court CR. MISC. No.54909 of 2019(3) dt.20-11-2019 2/2 marriage and accusation of demand of dowry after 10 years appears to be un-reasonable. It is further submitted that there is no direct evidence collected during investigation. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP after going through the case diary submits that the petitioner is the husband of the victim and thrust of accusation is against him, though, he further admits that there is no direct evidence collected during investigation against the petitioner.

Considering the suspicious nature of accusation and investigation already being concluded, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 68 of 2019. (Dinesh Kumar Singh, J) DKS/- U T