Raju Mahto @ Raju Kumar Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45959 of 2018 Arising Out of PS. Case No.-825 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Raju Mahto @ Raju Kumar Mahto son of Kapil Deo Mahto, resident of Village- Dwarikapur P.S. Sakra District Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Daya Nand Mahto son of Raj Deo Mahto, resident of Village- Sari, P.S. Warisnagar, District- Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 304B, 201, 120B of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake

Patna High Court Cr.Misc. No.45959 of 2018(2) dt.30-07-2018 2/2 of fact. On the basis of a police case, the matter was investigated. The Police submited a final form in the present case finding the allegation to be false. Thereafter the case was proceeded on the basis of protest-cum- complaint and process has been issued against the petitioner. Hence the present application has been preferred.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-XIIIcum- A.C.J.M.-IV, Muzaffarpur in connection with Protest Complaint Case No. C-825/17 arising out of Sakra P.S. Case No. 618 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T