Santosh Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32156 of 2018 Arising Out of PS. Case No.-142 Year-2017 Thana- SALKHUA District- Saharsa ====================================================== Santosh Kumar Mehta Son of late Kailash Mehta Resident of Village Paharpur, Police Station- Saurbazar O.P. Patarghat, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Singh For the Opposite Party/s :

Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks Anticipatory bail in connection with Salkhua P.S. Case No. 142 of 2017 registered under Sections 341, 324, 307, 504, 506, 498(A)/34 of the Indian Penal Code and 3⁄4 of D.P. Act.

Informant in his written complaint has stated that the marriage of his sister was solemnized with petitioner in the year 2014 but after marriage she was being tortured by her in-laws for non-fulfillment of demand of dowry. It has further alleged that five months earlier his sister came to his house and on 28.06.2017 Laddu Mehta came to his house for Bidai which was refused by him on the pretext that Bidai will be given when his husband (petitioner) will come, upon which at about 12 o' clock

Patna High Court Cr.Misc. No.32156 of 2018(4) dt.04-09-2018 2/2 in the night Laddu Mehta hurled a Garasa blow over the neck of the informant, causing injury. Later on he was brought to the hospital for treatment.

It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case. It has been further submitted that petitioner works outside the village and was not even present at the time of incident and wife of the petitioner left his house on her own sweet will and volition.

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail 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 Additional Chief Judicial Magistrate, Saharsa, in connection with Salkhua P.S. Case No. 142 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T