Patna High CourtCR. MISC./33788/2017bail granted

Jitendra Mahto v. State Of Bihar And ANR

2017-07-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33788 of 2017 Arising Out of PS.Case No. -2031 Year- 2015 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Jitendra Mahto, Son of Balist Mahto, R/o Village- Suraudha, P.S.- Baniyapur, District- Saran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Sunita Devi W/o Jitendra Mahto D/o Late Bhrigu Mahto, R/o VillageSuraudha, P.S.- Baniyapur, District- Saran, At present resident of Village- Bishunpur, P.S.- Ishuapur, District- Chapra, Saran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar, Advocate. For the State : Mr. Rajesh Kumar, A.P.P. 48. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 2031/2015 for the offences instituted under Section 498(A) of the IPC and 3⁄4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the complainant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.33788 of 2017 (2) dt.20-07-2017 2/2 case is triable by the Magistrate. He has falsely been implicated in the present case due to petty family dispute. 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. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No. 2031/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Court No. 11, Saran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T