Arun Kumar @ Arun Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81392 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- SANICHARI District- West Champaran ====================================================== Arun Kumar @ Arun Mahto Son of Chandradev Mahto Resident of villageDonwar PS -Sanichari District -West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Singh, Adv For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under sections 304(B)/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is the person with clean antecedent and is a young boy, aged about 20 years. The informant alleges that his daughter was married to Abhishek Tiwari about five years ago. Further, her daughter after marriage was kept well for three years and out of the wedlock, two children were born. It is next alleged that thereafter, for the last one year, the accused persons started demanding Rs. 5 Lacs and 10 dhoors of land at Nawalpur. Further, on account of non-fulfilment of the dowry
Patna High Court CR. MISC. No.81392 of 2024(2) dt.28-02-2025 2/3 demand, his daughter was tortured and threatened that she would be killed and the victim used to inform the informant about the torture being meted out. It is next alleged that on 19.03.2024, the villagers informed that his daughter was killed. Accordingly, he reached the place of occurrence and saw the dead body of his daughter lying. Thereafter, the dead body was sent for post-mortem and thereafter, last rituals were performed. Hence, it is alleged that there was some delay in instituting the FIR.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the petitioner is a co-villager of Abhishek Tiwari. It is further submitted that it absolutely does not understand as to why the petitioner would have got himself involved in the occurrence when he had no interest in the life of Abhishek and the deceased. It is next submitted that during the course of investigation, it transpired that some objectionable pictures of the deceased with her cousin brother-in-law was forwarded on the mobile of the petitioner, who also forwarded the said message to his friend. It is next submitted that on account of the video of the deceased becoming viral with her cousin brother-in-
Patna High Court CR. MISC. No.81392 of 2024(2) dt.28-02-2025 3/3 law, she committed suicide. It is next submitted that similarly situated co-accused Ashok Kumar has approached this Court seeking anticipatory bail by filing Cr. Misc. No. 64363 of 2024 and the same was allowed by an order dated 17.10.2024.
5. Learned APP opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the order dated 17.10.2024 in Cr. Misc. No. 64363 of 2024, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sanichari P.S. Case No. 10 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) kiran/- U T