Dinesh Kumar @ Dinesh Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57188 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Dinesh Kumar @ Dinesh Mahato S/O Shiv Nath Mahto Resident of villageBraham Tola Turkauliya, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Kumari W/o Diensh Kumar @ Dinesh Mahtto Resident of villageBraham Tola Turkauliya, P.S.- Turkauliya, Dist.- East Champaran. presently residing of Village- D/o Baidyanath Mahto, Resident of Village- Pipra, Govindganj District- East Champaran.

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Trial No. 1366 of 2022 arising out of Complaint Case No. C-309 of

Patna High Court CR. MISC. No.57188 of 2022(3) dt.15-02-2023 2/3 2021 registered for the offence punishable under Section 498-A of the Indian Penal Code.

As per the prosecution, the informant was subjected to cruelty by this petitioner and his family members for nonfulfillment of the demand of dowry. No one appeared on behalf of oppoiste party no.2 despite the notice being sent to her and having been received by her as per the office report.

The main submissions advanced by the learned counsel Mr. Ajay Kumar Singh for the petitioner are that the case of the prosecution is based on complaint filed by the wife of the petitioner and petitioner has been languishing in jail since 21.05.2022 and during inquiry the complainant did not produce any piece of paper on medial report in support of alleged physical torture.

Learned APP Akbar Ali, appearing for the State has opposed the bail prayer.

Having considered the above submissions and mainly the petitioner's custody period, this court is inclined to accept his bail prayer. Accordingly, let the 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 the

Patna High Court CR. MISC. No.57188 of 2022(3) dt.15-02-2023 3/3 concerned Court in connection with Trial No. 1366 of 2022 arising out of Complaint Case No. C-309 of 2021. (Shailendra Singh, J) Rajiv/- U T