Punit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27724 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -SONBERSA District- SITAMARHI ====================================================== Punit Mahto, S/o Kishori Mahto, Resident of village - Madhesara, P.S. Sonbarsa, District - Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 05-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

The allegation against the petitioner is to have demanded a motorcycle, tortured his wife and threatened to perform second marriage as she had no issue although the marriage had taken place in the year 2006.

It is submitted that the petitioner is the husband of the deceased and had got treated his wife at several places, but in spite of that, she could not bear a baby and that is why, in depression, she committed suicide. The petitioner is in custody since 11.03.2015 having no criminal antecedent. After investigation, charge sheet has been submitted under Section 306 of the Indian

Patna High Court Cr.Misc. No.27724 of 2015 (2) dt.05-08-2015 2/2 Penal Code and there is no chance of tampering with the witnesses.

The learned counsel for the State submits that the petitioner is the husband of the deceased and he should have saved his wife.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi/court concerned after framing of charge in Sonbarsa P.S. Case No. 32/2015 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T