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Patna High CourtCR. MISC./85405/2023allowed

Deepak Kumar Mahto @ Deepak Kumar v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85405 of 2023 Arising Out of PS. Case No.-1193 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Deepak Kumar Mahto @ Deepak Kumar Son Of Rajendra Mahto Resident Of Village- Samda, P.S.- Sarsi . Distt.- Purnea (Bihar) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Suchita Devi Wife Of Deepak Kumar @ Deepak Kumar Mahto, D/O- Uday Prasad Mahto Resident Of Village- Baniyapur, P.S.- K .Nagar, Distt.- Purnea (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), of the Indian Penal Code.

As per prosecution case, the informant/complainant alleged that the petitioner along with his family members used to torture her due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the complainant and due to family dispute he has falsely been implicated in the present case. There

Patna High Court CR. MISC. No.85405 of 2023(2) dt.16-01-2024 2/2 is no specific allegation against the petitioner. The marriage was solemnized between the petitioner and the complainant in the year 2008 and out of their wedlock they have seven years old son. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.09.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No 1193 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judaical Magistrate, Purnea.

Learned trial Court is directed to settle the dispute which arose between the parties.

(Sunil Kumar Panwar, J) Manishkr/- U T