Bajrangi Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61376 of 2023 Arising Out of PS. Case No.-5 Year-2020 Thana- MAHILA PS District- Gopalganj ====================================================== BAJRANGI KUMAR MAHTO S/O LATE SAYADEO MAHTO R/O VILLAGE- KARN KUDARIYA, P.S- MASHRAKH, DISTT.- SARAN. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

REENA KUMARI D/O LAL BABU MAHTO R/O VILLAGE- SAREYA MISSION, WARD NO.-2, P.S- GOPALGANJ, DISTT.- GOPALGANJ. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gopalganj Mahila P.S. Case No. 05 of 2020 dated 5.2.2020 registered for the offences punishable u/s 341, 342, 323, 498A, 406, 307, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant due to non-fulfilment of demand of Alto car as dowry. Further, the accused persons also tried to kill the informant by setting her on fire after sprinkling kerosene oil.

Patna High Court CR. MISC. No.61376 of 2023(2) dt.12-09-2023 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of ulterior motive. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is the husband of the informant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.5.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 learned Court concerned, Gopalganj in connection with Gopalganj Mahila P.S. Case No. 05 of 2020.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T