Munna Mahto @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63189 of 2019 Arising Out of PS. Case No.-85 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== MUNNA MAHTO @ MUNNA KUMAR, (Male, aged about 27years), S/o Anil Mahto, Resident of Village- Rampur Asurar, P.S.- Bhagwanpur, DistrictVaishali. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Sulekha Devi, W/o Munna Mahto @ Munna Kumar and D/o Mahesh Mahto At present resident of village- Nayagaun, P.S.- Desari, District- Vaishali. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar @ S.K., Advocate.

For the State :

Mr.Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner seeks bail in a case for the offence registered under Sections 498(A), 406, 420 of the IPC and 4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 20.06.2019. He 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.63189 of 2019(2) dt.14-11-2019 2/2 petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. 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. On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Vaishali at Hajipur in connection with Complaint Case No. 85 of 2017 ( Tr. No. 2063 of 2019).

If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) U.K./- U T