Baban Kumar Mahto @ Prem Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6064 of 2024 Arising Out of PS. Case No.-172 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== Baban Kumar Mahto @ Prem Kumar Mahto S/o Subodh Mahto, R/o VillageSrichandpur, P.S.-Harnaut, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kushmandavi Kumari D/o Shyam Sundar Prasad, R/o Village Kashichak, P.S.-Bhadaur, District-Patna.

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 354 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have tortured and assaulted the informant due to non-fulfillment of the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.6064 of 2024(2) dt.20-02-2024 2/2 specific rather general and omnibus in nature. He submits that the petitioner is the brother-in-law of the deceased. He further submits that there is no specific overt act against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mahila P.S. Case No. 172 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T