Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10470 of 2024 Arising Out of PS. Case No.-73 Year-2020 Thana- BELA District- Sitamarhi ====================================================== Sunil Mahto S/O RAMVIR MAHTO VILLAGE- SIRSIYA BAZAR, PS. BELA, DIST. SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-02-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bela P.S. Case No. 73 of 2020 registered for the offence under Sections 304B/34, 302/34, 201 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is the husband of the deceased and he is said to have killed the deceased along with other co-accused for dowry.

4. Learned counsel for the petitioner submits that though the charges have been framed in the year 2022 not a single witness has been examined. The petitioner has a right of speedy trial also. He cannot be kept in custody for an indefinite period waiting for trial which is being delayed by the prosecution. Learned counsel further submits that petitioner is in

Patna High Court CR. MISC. No.10470 of 2024(2) dt.22-02-2024 2/2 custody since 02.01.2021

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. 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 the learned Chief Judicial Magistrate, Sitamarhi below in connection with Bela P.S. Case No. 73 of 2020 subject to condition that:- (i). The petitioner will cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) Sudha/- U T