Jainath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4509 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Jainath Mahto S/o Late Jhulan Mahto R/o Vill.- Madanpur (Bindtoli), P.S.- Awtarnagar, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Awtarnagar P.S. Case No. 71 of 2024 instituted for the offences under Sections 304-B and 201of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in committing murder of the deceased due to nonfulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.4509 of 2025(2) dt.04-02-2025 2/3 alleged against him and has falsely been implicated in the present case. The petitioner is the father-in-law of the deceased and is 85 years of age as also has no concern with the family matters. The petitioner has never demanded dowry. The petitioner has also no concern with his son as he lives separately from them since last ten years. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 31.08.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature as the deceased has died at her Sasural within seven years of her marriage.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also taking into account the

Patna High Court CR. MISC. No.4509 of 2025(2) dt.04-02-2025 3/3 advance age of petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Awtarnagar P.S. Case No. 71 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T