Ramraj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21944 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Ramraj Mahto Son of Bacha Mahto, Resident of Village- Madhwapur, Police Station- G.B. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mrs. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.12.2015 in connection with Pachrukhi (G.B.Nagar) P.S. Case No. 56 of 2015 for the alleged offences under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner aged about 68 years is the father-in-law of the deceased has been falsely implicated as the victim was suffering from tuberculosis and had died as a result thereof. The FIR has been instituted after a delay of three days on 17.03.2015 for the alleged occurrence of 14.03.2015 without adequate explanation. It is further submitted that the deceased was married with the petitioner's

Patna High Court Cr.Misc. No.21944 of 2016 (2) dt.19-05-2016 son on 08.05.2007 and the alleged occurrence of 14.03.2015 transpired after almost eight years since the marriage and as such the offence under Section 304(B) is not made out.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M VII, Siwan in connection with Pachrukhi (G.B.Nagar) P.S. Case No. 56 of 2015. (Vikash Jain, J) Chandran U T