Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71549 of 2019 Arising Out of PS. Case No.-1417 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Rajesh Mahto, Son of Rabindra Mahto, Resident of Village - Rasulpur Turki, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Malti Devi (Mother of late Poonam Devi), Wife of Rabindra Prasad, Resident of Village - Rajarampur, P.S.- Saraiya, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2019 This is an application for grant of anticipatory bail in connection with Muzaffarpur P. S. Case No. 1417 of 2018, disclosing offences under Sections 323, 379, 494, 498A, 34 of IPC and Section 3⁄4 of Dowry Prohibition Act. As per F.I.R. petitioner has solemnized the second marriage and also with respect to demand of Rs.3,00,000/- she was ousted from the house. Thereafter, she is residing in her Maike and lLater on, she died.

Submission of the learned counsel for the petitioner is that with the consent petitioner has solemnized the second marriage with another lady. The allegations are false and concocted.

Patna High Court CR. MISC. No.71549 of 2019(2) dt.08-11-2019 2/2 Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that there is allegation of torture to the informant and mother of the informant has stated before the Court that due to physical and mental torture by her husband, she died later on.

Having heard both sides, considering the facts of the case, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender and pray for regular bail before the learned court below.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T