Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70085 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Raj Kumar Mahto S/O Late Khedu Mahto Village- Garabhua Lala Tola, Ps. Chanpatiya (Sirisiya O.P.), Dist. West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gayanti Devi W/O Raj Kumar Mahto, D/O Mosafir Mahto VillageGarabhua Lala Tola, Ps. Chanpatiya (Sirisiya O.P.), Dist. West Champaran, At Present Residing At Village- Maneya Mishra Tola, Ps. Paharpur, Dist. East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323,341, 494, 498A, 379, 506 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

3. The prosecution case, in brief, is that earlier the marriage of the informant was solemnized with the petitioner 28.11.2021 and after marriage the petitioner along with coaccused used to torture the informant mentally and physically due to non-fulfillment of dowry demand and also assaulted her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70085 of 2023(2) dt.02-11-2023 2/2 petitioner is innocent and has committed no offence. The petitioner is husband of the informant due to which he has falsely been implicated in the present case. He has never demanded dowry from the informant and still ready to keep his wife/informant with full dignity and honour. It is further submitted that the petitioner is languishing in judicial custody since 29.03.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 146 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champran.

(Sunil Kumar Panwar, J) lata/- U T