Rajesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4287 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Rajesh Mahto, S/O Ramji Mahto, Resident Of Village- Khora Naya Tola, PsChanpatia, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Pravesh Sharma, Advocate Ms. Madhuri Kumari, Advocate Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Chanpatia P.S. Case No. 193 of 2024 dated 26.08.2024, instituted for the offence punishable under Sections 80, 61(2), 238 of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the daughter of the informant was married with the younger brother of the petitioner. It is alleged that the petitioner and his other family members demanded one motorcycle from the daughter of the informant as additional dowry. On non-fulfilment of the same, they tortured her. It is further alleged that on 23.08.2024, the accused persons strangulated her daughter to death.
Patna High Court CR. MISC. No.4287 of 2025(2) dt.12-02-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is the elder brother of the husband of the deceased. The petitioner is residing separately from his younger brother. Learned counsel for the petitioner submits that the petitioner has no concerned with the affairs of the husband of the deceased. It is further submitted that the deceased died due to ailment and on being instigated by some of the co-villagers, the informant lodged the present case. Learned counsel for the petitioner further submits that the husband of the deceased is in judicial custody. Learned counsel for the petitioner also submits that the informant has filed an application on 28.10.2024 before the learned Judicial Magistrate, West Champaran, Bettiah stating therein that he does not want to pursue the case. Lastly, it has been submitted that the petitioner is in custody since 27.08.2024 having no criminal antecedents. Chargesheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.4287 of 2025(2) dt.12-02-2025 3/3 to the satisfaction of the learned Additional Sessions Judge, 10th, Betiah, West Champaran in connection with Sessions Trial No. 641 of 2023 arising out of Chanpatia P.S. Case No. 193 of 2024. (Khatim Reza, J) premchand/- U T