Allowed

Ravi Mahto @ Ravi Kumar v. The State of Bihar

Patna HC29 Jan 2024CR. MISC./49993/2023

Case brief

AI extract

What is this about?

Single judge order allowing anticipatory bail to the petitioner apprehending arrest in a dowry harassment and cruelty case to attend court. Bail granted with conditions to reside at a fixed address and appear in court daily.

What did the court decide?

Petitioner to be enlarged on anticipatory bail with bond of Rs. 20,000 and two sureties, condition to appear in court daily failing which bond liable to be cancelled.

Ravi Mahto @ Ravi Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49993 of 2023

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Arising Out of PS. Case No.-47 Year-2023 Thana- DARBHANGA District- Darbhanga

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Ravi Mahto @ Ravi Kumar Son Of Ganesh Mahto Resident of VillageNuntherba Bakarganj, Police Station -laheriasarai, District- Darbhanga

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Puja Kumari Wife of Ravi Mahto Resident of Village- Bhullowara, P.S.Town, Distt- Darbhanga

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... ... Opposite Party/s

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======================================================

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Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate. For the Opposite Party/s : Mr. Pronoti Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 29-01-2024 Learned counsel for the petitioner is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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3. The petitioner is apprehending his arrest in connection with Darbhanga Town P.S. Case No. 47 of 2023 dated 11.02.2023 registered for the offence punishable under Sections 341, 323, 354, 498(A) read with 34 of the Indian Penal Code and Sections 3 & 4 of the D.P. Act.

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4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

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Patna High Court CR. MISC. No.49993 of 2023(4) dt.29-01-2024 2/3

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mentally and physically due to non-fulfillment of demand of Rs. 2 lakh, a T.V, and a motorcycle as dowry.

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5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the informant. The petitioner has relied upon the judgment of this Court in the case of "Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182." Learned counsel has further submitted that Section 498A of the IPC is triable by the Magistrate. Learned counsel has further relied on the judgments in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another (2022) 10 SCR 351 and Md. Asfak Alam Vs. The State of Jharkhand & Anr passed in Criminal Appeal No(s). 2207 of 2023 arising out of Special Leave Petition (CRL.) No. 3433 of 2023 . The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his

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Patna High Court CR. MISC. No.49993 of 2023(4) dt.29-01-2024 3/3

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arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Darbhanga Town P.S. Case No. 47 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:

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(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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8. If so advised, either of the parties will be at liberty

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to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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9. The application stands allowed.

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(Chandra Prakash Singh, J)

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Nilmani/-

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U T

Ravi Mahto @ Ravi Kumar v. The State of Bihar

Case brief

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Ravi Mahto @ Ravi Kumar v. The State of Bihar

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