Jitendra Kumar Mahto @ Jitendra Kumar @ Awro Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4425 of 2020 Arising Out of PS. Case No.-213 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== JITENDRA KUMAR MAHTO @ JITENDRA KUMAR @ AWRO MAHTO Son of Kailash Mahto Resident of Village - Uda, P.S.- Uda-Kishunganj, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offence under Section 304 (B) of IPC.

The accusation is of killing the daughter of the informant for non-fulfillment of dowry demand. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the petitioner is husband of the deceased. It appears from the FIR that there is general and omnibus allegation against all the accused persons including the petitioner and there is no allegation of any assault or overt-act against the petitioner and

Patna High Court CR. MISC. No.4425 of 2020(6) dt.13-02-2023 2/3 the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 14.10.2019. Learned A.P.P. for the State and learned counsel for the informant, on the other hand, have vehemently opposed the prayer for bail of the petitioner and learned counsel for the informant, on the basis of instruction, submits that the trial is going on.

Considering the aforesaid facts and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Uda-Kishunganj P.S.Case No.213 of 2019 with the following conditions:-

(1) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her 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.

(3) And, further condition that the court below shall

Patna High Court CR. MISC. No.4425 of 2020(6) dt.13-02-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T