Jitendra Mahto @ Jitendra @ Khedaru Mahto @ Khekharu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63478 of 2023 Arising Out of PS. Case No.-840 Year-2020 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== JITENDRA MAHTO @ JITENDRA @ KHEDARU MAHTO @ KHEKHARU MAHTO SON OF LATE BISHUN MAHTO RESIDENT OF VILLAGE -NAVRANGABAGH, PS- BETTIAH TOWN, DISTT- WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RADHE DEVI @ PAYAL DEVI DAUGHTER OF LATE VIJAY PRASAD RESIDENT OF VILLAGE- NINWALIYA VISHAMBHARPUR, PSMAJHAULIA, DIST- WEST CHAMPARAN AT PRESENT, MOHALLAMITHA TOLI, NEAR KALI MANDIR, ILAM RAM CHOWK, GANJ NO 01, BETTIAH, PS- BETTIAH TOWN, DISTT- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and the State. Despite service of notice no one appears for opposite party no.2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 504, 498A, of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

3. As per the prosecution case, opposite party no.2 was married with this petitioner about 10 years back and out of the wedlock they had a girl child. Later on petitioner demanded to transfer the land share of her mother in his name. Petitioner also tried to burn opposite party no.2 by sprinkling kerosene oil for which a case had also been lodged in 2018.

4. Learned counsel appearing for the petitioner while

Patna High Court CR. MISC. No.63478 of 2023(6) dt.03-07-2024 2/2 denying the allegations, submits that the petitioner has falsely been implicated in this case because he is husband of the victim. As a matter of fact, petitioner is a poor person and it is opposite party no.2 who does not want to live with the petitioner. However, he is ready to keep the victim in matrimonial house with honour and dignity. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

5. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this petitioner, as named above, be enlarged 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 Judicial Magistrate 1st class , Bettiah, West Champaran in Complaint Case No. 840C/2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T