Ram Nath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2407 of 2020 Arising Out of PS. Case No.-37 Year-2019 Thana- GARKHA District- Saran ====================================================== Ram Nath Mahto, Gender- Male, Age- 56 years, son of Subedar Mahto, Resident of Village- Pirari, P.S.- Garkha, District- Saran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Garkha P.S. Case No. 37 of 2019 registered for the offence(s) punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. As per the prosecution case, husband and his family members including the petitioner killed the deceased due to non-fulfillment of demand of a vehicle and a chain as dowry and subsequently, disappeared her dead body.

It is submitted on behalf of the petitioner that petitioner is father-in-law of the deceased and he has falsely been implicated in this case. Petitioner is aged about 56 years, lives separate from the co-accused, Pramod Kumar, husband of the deceased and the husband of the deceased is already in custody. Similarly situated co-accused persons have been granted anticipatory bail

Patna High Court CR. MISC. No.2407 of 2020(2) dt.26-02-2020 2/2 by this Hon'ble Court vide order dated 13.11.2019 passed in Criminal Misc. No. 66614 of 2019. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances as well as the nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate- XIV, Saran, Chapra in connection with Garkha P.S. Case No. 37 of 2019 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) Ankit/- U T