Jharkhand High Court
Baidyanath Mahto vs The State Of Jharkhand &Anr ..... Opp. ... on 16 May, 2019
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4278 of 2019
Baidyanath Mahto ... Petitioner(s)
Versus
The State of Jharkhand &Anr ..... Opp. Party(s)
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Petitioner(s) : Mr. D.C. Mishra, Advocate For the State : A.P.P
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04/Dated: 16/05/2019 Bail application filed on behalf of Baidyanath Mahto is moved by Mr. D.C Mishra, learned counsel for the petitioner and opposed by Mr Pankaj Kumar, learned Additional P.P. for the State.
The petitioner is accused in connection with Bindapathar P.S. Case No.83 of 2018 corresponding to G.R No, 157 of 2019 registered under Sections 323/498(A) of the Indian Penal Code and 3/ 4 Dowry Prohibition Act pending in the Court of learned Chief Judicial Magistrate, Jamtara.
It is submitted that there is general and omnibus allegations against all the family members and no specific overt act has been alleged against this petitioner. It is further submitted that the petitioner is in custody since 30.01.2019. It is submitted that this case is triable by court of Magistrate. Accordingly, it is prayed that petitioner may be enlarged on bail.
On the other hand learned A.P.P opposed the bail. Having heard the submissions, I have gone through the records of the case. From perusal of the FIR it appears that there is general and omnibus allegation against all the family members regarding torture of complainant/informant. No specific overt act has been alleged against the petitioner. Petitioner is in custody for about more than three months. Considering the aforesaid facts and circumstances, I allow this application and I direct the court below to release the petitioner on bail on furnishing his bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate ,Jamtara.in connection with Bindapathar P.S. Case No.83 of 2018 corresponding to G.R No, 157 of 2019 (Prashant Kumar, J.) SD/Rajnish