Laddu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71450 of 2021 Arising Out of PS. Case No.-396 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== Laddu Mahto Son of Bhola Mahto Resident of village - Daulatganj Nilami Kothi, P.S.- Bhagwan Bazar, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Singh, Advocate :
Mr. Dewendra Narayan Singh, Advocate For the State :
Mr. Md. Nazir Ansari, APP For the Informant :
Mr. Ranjit Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-08-2022 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel for the informant.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 396 of 2018 registered for the offence under Sections 323, 324, 504, 341, 379, 406, 494, 315, 498A and 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act. The accused/petitioner is named in the F.I.R. and is in custody since 13.08.2021.
The allegation against the petitioner is to commit cruelty against his wife/informant, by raising demand of cash of
Patna High Court CR. MISC. No.71450 of 2021(4) dt.29-08-2022 2/3 Rs.2 Lakhs as dowry. It is also alleged that petitioner solemnized marriage, without getting dissolved their marriage, during life time of the informant and also to cause miscarriage. Learned counsel appearing on behalf of the petitioner submitted that after investigation, chargesheet has not been submitted under Sections 315 and 494 of the Indian Penal Code. It is submitted that informant is in habit of filing such complaint against the petitioner and subsequent to the present complaint, second case was also lodged against this petitioner, where petitioner has got anticipatory bail from one of the learned Coordinate Bench of this Court through Cr. Misc. No. 69059 of 2019 dated 05.03.2020. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail, fairly conceded that petitioner has got anticipatory bail against complaint of similar nature, subsequent to the present complaint petition. In view of the facts and circumstances, as mentioned above, as petitioner is in custody since 13.08.2021 coupled with the fact that chargesheet has already been submitted, let the
Patna High Court CR. MISC. No.71450 of 2021(4) dt.29-08-2022 3/3 petitioner, above named, is directed to be released on bail in connection with Bhagwan Bazar P.S. Case No. 396 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Ankit/- U T