Congresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11516 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Congresh Mahto S/o Permeshwar Mahto Resident of Village Basman Bhawanipur, P.S. Muffasil, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh-5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-06-2015 Heard learned counsel for the petitioner and the State.
Petitioner is languishing in custody since 06.01.2015 in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. The prosecution case as per the written report is that on 30.11.2014 at 11.30 A.M. the informant came to know that one dead body has been sent for post-mortem at Sadar Hospital Motihari, then the informant went to hospital to find the dead body of his brother Rupesh Mahto with knife injuries on the chest, back and thigh. It is alleged against the petitioner that the victim went with the petitioner on 29.11.2014 at 10.00 P.M. The petitioner was also the mediator in the marriage of the
Patna High Court Cr.Misc. No.11516 of 2015 (3) dt.29-06-2015 victim.
It is submitted by the learned counsel for the petitioner that the victim performed love marriage which was protested by the family members including the informant and the wife of the victim filed Complaint Case No. C2623 of 2014 on 09.12.2014 which came to be registered as Pipra Kothi P.S. Case No. 170 of 2014 on 23.12.2014, leveling accusation of killing by the informant and other family members and confining her as result the delay was caused in filing complaint. The petitioner was not named in case lodged by the wife of the victim under Sections 302, 201, 120B/34 of the Indian Penal Code. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the mentioned facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Pipra Kothi P.S. Case No. 159 of 2014.
(Dinesh Kumar Singh, J) P.K./- U T