Papu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9507 of 2023 Arising Out of PS. Case No.-565 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Papu Mahto Son of Jos Narayan Mahto, R/v- Sapahi Sagar, P.S.- Turkaulia, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Turkauliya (Raghunathpur O.P.) P.S. Case No. 565 of 2022 dated 14.06.2022 lodged under Sections 302 and 201/34 of the I.P.C.

As per the prosecution, the allegation of murder has been made against the petitioner and his entire family by his father-in-law.

Learned counsel for the petitioner submits that the result of death of his wife is basically an accident and petitioner

Patna High Court CR. MISC. No.9507 of 2023(2) dt.03-05-2023 2/2 has unnecessarily been trapped in this case. Counsel further submits that the conciliation took place between the family and thereafter petitioner leading happy conjugal life but in the meantime this accident took place. He further submits that antecedent of the petitioner is clean and he is in custody since 07.07. 2022.

Learned counsel for the State opposes the prayer for bail and submits that petitioner is husband. It is true that marriage was solemnized prior to 12 years back and therefore section 304B of I.P.C. has not been attached only section 302 of I.P.C. is there.

In the present facts and circumstances of this case, this court is not inclined to grant bail to the petitioner, therefore, bail petition of the petitioner is hereby rejected. It is directed to the Trial Court that the trial may be expedite and it conclude within 9 months.

(Dr. Anshuman, J.) ravishankar/- U T