Babloo Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4759 of 2019 Arising Out of PS. Case No.-176 Year-2018 Thana- SAHPUR District- Patna ====================================================== 1.

BABLOO MAHTO Sri Krishna Mahto resident of village- Sikarpur, P.S.shahpur,Distt. Patna 2.

Ashok Mahto Sri Krishna Mahto resident of village- Sikarpur. P.S. Shahpur, District-Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 304B in which, later on, Section-302 of the Indian Penal Code was added.

Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-09-2018. Charge sheet has

Patna High Court CR. MISC. No.4759 of 2019(4) dt.08-04-2019 2/2 already been submitted. General and omnibus allegation has been made against the petitioner. As per FIR, all the accused persons assaulted the deceased and threw her into a well. From perusal of the postmortem report, it appears that no external injury was found on the part of the deceased. The allegation made in the FIR does not corroborate with the postmortem report.

On behalf of the State and the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The deceased is alleged to have been assaulted by the accused persons and was thrown into a well.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-Ist, Danapur, Patna in connection with Shahpur P.S. Case No. 176 of 2018.

(Sudhir Singh, J) A.K.V.//- U T