Dharmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80705 of 2019 Arising Out of PS. Case No.-174 Year-2017 Thana- GORAUL District- Vaishali ====================================================== DHARMENDRA MAHTO Son of Late Vikau Mahto Resident of VillageBahadurpur, P.S-Goraul, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B/34 of the Indian Penal Code and 3 and 4 of D.P. Act.

Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted under section 302 IPC in the present case. The petitioner has falsely been implicated in the present case. There

Patna High Court CR. MISC. No.80705 of 2019(4) dt.19-03-2020 2/2 is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case. The informant has been examined in paragraph 55 of the case diary where he has retracted from his earlier statement made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned A.C.J.M. -1st Vaishali at Hajipur in connection with Goraul P.S. Case No. 174/2017.

(Sudhir Singh, J) Pankaj/- U T