Sikinder Mahto @ Sikinder Kushwaha @ Sikendra Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74863 of 2024 Arising Out of PS. Case No.-257 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Sikinder Mahto @ Sikinder Kushwaha @ Sikendra Kushwaha S/O Enarman Mahto R/O Village- Nakardeyi Nakardei, P.S- Sugauli, Distt.- East Chamapran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rajeev Ranjan, Advocate For the State :
Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A, 504, 506, 365 and 34 of the Indian Penal Code.
3. As per prosecution case, daughter of informant got married to this petitioner 10 years ago according to Hindu rites and rituals. After marriage, daughter of informant was blessed with two sons. It is alleged that later on, this petitioner, along with other F.I.R. named accused persons, committed torture and harassment for dowry. It is further alleged that on 19.10.2021 when the informant went to matrimonial house of his daughter, he did not find her and nearby people informed him that his daughter is traceless since so many days. Thereafter, informant
Patna High Court CR. MISC. No.74863 of 2024(2) dt.18-01-2025 2/3 lodged this case.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case merely on suspicion. Petitioner is husband of daughter of informant and is blessed with two sons which itself shows that the instant case is completely false and concocted. There is no question of demand of dowry. It is further submitted that during pendency of this case, the dispute between the parties has been resolved and a compromise petition to that effect has also been filed before the learned trial court (copy of which is Annexure-P/2 to the instant bail application). Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, compromise between the parties and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.74863 of 2024(2) dt.18-01-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Sikrahana at Dhaka, East Champaran, in connection with Kundwa Chainpur P.S. Case No. 257 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T