Patna High CourtCR. MISC./63699/2022allowed

Sandeep Kumar @ Sandeep Mahto v. The State Of Bihar

2023-04-24Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63699 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SANDEEP KUMAR @ SANDEEP MAHTO Son of Ashok Mahto R/o vill.- Bhawanipur Bazar, P.S.- Nakerdeyee, Dist.- East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Rambha Devi Wife of Sandeep Mahto @ Sandeep Kumar At Present R/o vill.- Chhoto Pareuwa Ward No.- 18, P.S.- Raxaul, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 65/2022 arising out of Tr. No. 5030/22 dated 03.03.2022 under Section 498(A) of the I.P.C.

3. Learned APP for the State opposes the prayer for grant of bail.

4. Learned counsel submits that the allegation against the petitioner is of having committed cruelty for dowry under section 498(A) of I.P.C. In the mediation proceedings, the matter is likely to be compromised.

Patna High Court CR. MISC. No.63699 of 2022(2) dt.24-04-2023 2/3

5. I have considered the submissions. The offences charged by Magistrate without commenting further on merits.

6. Taking into consideration the nature of allegation, I am inclined to grant anticipatory bail to the petitioner, namely, Sandeep Kumar @ Sandeep Mahto and in the event of arrest, he shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

Patna High Court CR. MISC. No.63699 of 2022(2) dt.24-04-2023 3/3 (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

(vii) The petitioner shall regularly remain present during the trial and cooperate with the Hon'ble Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 86 U