Domi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69420 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Domi Mahto Son Of Late Gorelal Mahto R/O Vill.- Teldiha, Ward No. 06, P.S.- Udakishunganj, Distt.- Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Udakishunganj P.S. Case No. 343 of 2021 registered under sections 201, 304B and 34 of the Indian Penal Code.

It is a case of dowry death due to non-fulfillment of dowry demand of Rs. 2,00,000/- from the informant's daughter. It is further alleged that they used to torture and harass her. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the father-in-law of the deceased due to which he has falsely been implicated in this present case. It is further submitted that there is no prior complaint in respect of torture and misbehave from the deceased. The petitioner has no concern with mess and

Patna High Court CR. MISC. No.69420 of 2022(2) dt.13-03-2023 2/2 business of the deceased as well as from his husband and he lives separately from them. The husband of the deceased is languishing in judicial custody. In the course of scuffle between the husband and the father-in-law of the deceased, she came to prevent the scuffle between them but unfortunately, she fell down and instantly died due to heart attack not by setting fire. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 18.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Udakishunganj P.S. Case No. 343 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Udakishunganj, Madhepura. (Sunil Kumar Panwar, J) shubham/- U T