Mahesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65367 of 2023 Arising Out of PS. Case No.-857 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MAHESH DAS son of Late Jaksu Das Village- Garhbaneli Akoni Saraunchia Ps- Kasba Dist- Purnea.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Guria Devi wife of Mahesh Das, D/o- Ram Varan Das Village- Tatma Toli Sudin Chowk Ps- K.Hat Sahay Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nadimul Hasan For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 498A, 323, 341 of the IPC.
3. As per prosecution case, the complainant was married with the petitioner in the year 2003 and she went to her in-law's house, where she lived peacefully. The complainant has stated that she has two children and husband is addicted to drinking liquor, she also alleged that the complainant made her
Patna High Court CR. MISC. No.65367 of 2023(2) dt.13-10-2023 2/3 best effort to improve her husband (petitioner) but the petitioner continued with his drinking habit and assaulting her two children aged about 16 and 13 years respectively. After sometime the petitioner assaulted the complainant and drove her from her matrimonial house along with her two children.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the complainant and he neither tortured the informant, nor demanded dowry from her. Petitioner is ready to keep his wife (informant) with full dignity and honour but the complainant dislike him since her marriage day. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 06.07.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.65367 of 2023(2) dt.13-10-2023 3/3 satisfaction of the learned C.J.M., Purnia in connection with Purnia Complainant Case P.S. Case No. 857 of 2021. (Sunil Kumar Panwar, J) Arish/- U T