Shambhu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6905 of 2024 Arising Out of PS. Case No.-180 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Shambhu Mahto, Son of Vishnudev Mahto, Resident of Village-Makhwa, P.S.-Bhagwanpur, Distt.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Namita Sharma, Advocate Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bhagwanpur P.S. Case No. 180 of 2022, instituted for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons are said to have killed the cousin sister of the informant due to non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is the husband of the deceased and is also not named in the F.I.R. The

Patna High Court CR. MISC. No.6905 of 2024(2) dt.19-02-2024 2/2 petitioner has no any criminal antecedent as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 03.10.2022. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by various Co-ordinate Benches of this Court vide order dated 14.02.2023 passed in Cr. Misc. No. 2369 of 2023, order dated 24.03.2023 passed in Cr. Misc. No. 2402 of 2023 and order dated 17.05.2023 passed in Cr. Misc. No. 15780 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. Case No. 180 of 2022.

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