Kailash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80000 of 2023 Arising Out of PS. Case No.-198 Year-2019 Thana- SINGHWARA District- Darbhanga ====================================================== Kailash Mahto Son of Nand Kishor Mahto Resident Of Village- Singhwar, P.S.- Singhwara, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Devi Wife of Kailash Mahto Resident of Village and P.S.- Singhwar, District- Darbhanga at Present Resident of Village- Nayatole, PostManikauli, P.S.- Singhwara, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the State :

Mr. Ajay Kumar Jha, APP For the Informant : Mr. Baidya Nath Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Singhwara P.S. Case No.198 of 2019 registered under Sections 498(A), 379, 504, 34 of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act.

3. The allegation against the petitioner is of torture and assault to his wife (informant).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The marriage of the informant was solemnized with the petitioner in the year 2005 and the informant has falsely made

Patna High Court CR. MISC. No.80000 of 2023(4) dt.07-02-2024 2/2 allegation against the petitioner. The petitioner never tortured and demanded any dowry from the informant and he is ready to keep his wife (informant) with full honour and dignity, along with his children and maintain them properly. The charge sheet in this case has already been submitted and the petitioner having no criminal antecedent is in custody since 10.05.2023.

5. Learned A.P.P. and learned counsel for the informant submit that they have no objection for grant of bail to the petitioner, if he undertakes to keep his wife (informant) with full honour and dignity, along with his children and maintain them properly.

6. Having considered the facts and circumstances of the case, willingness of the petitioner to keep his wife (informant) with full honour and dignity, along with his children, let the above named petitioner 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 Additional Chief Judicial Magistrate V, Darbhanga in connection with Singhwara P.S. Case No.198 of 2019. (Sunil Dutta Mishra, J) Harish/- U T