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Patna High CourtCR. MISC./81825/2023allowed

Chandan Mahto v. The State Of Bihar

2024-01-10Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81825 of 2023 Arising Out of PS. Case No.-1081 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Chandan Mahto, Son Of Ram Chandra Mahto, R/O Village- Sohagi, P.S.- Parihara, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Veena Devi, Wife Of Chandan Mahto, D/O- Mahendra Ray, R/O VillageSohagi, P.S.- Parihara, District- Begusarai, At Present Village- Phuia, P.S.- Bithan, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Complaint Case No. 1081 of 2015 (T.R. No. 1232 of 2023) for the offence under Section 498(A) of the I.P.C.

3. Allegation against the petitioner is of dowry torture.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The marriage of the complainant was solemnized in 2008 with the petitioner and the complaint was lodged on

Patna High Court CR. MISC. No.81825 of 2023(2) dt.10-01-2024 2/2 18.12.2015 i.e. after seven years of marriage with allegation of demand of dowry is an afterthought. The complainant herself does not want to live with the petitioner and the petitioner is ready to keep the complainant with owner and dignity. Petitioner is in jail custody since 08.07.2023. Petitioner has no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Complaint Case No. 1081 of 2022 (T.R. No. 1232 of 2023).

(Sunil Dutta Mishra, J) khushbu/- U T