Ras Bihari Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.45689 of 2015 (3) dt.07-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45689 of 2015 Arising Out of PS.Case No. -153 Year- 2015 Thana -NANPUR District- SITAMARHI ======================================================

1. Ras Bihari Mahto Son of Rita Mahto R/o village - Naya tol, P.S. Nanpur, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nanpur P.S. Case No. 153 of 2015 registered for the offence punishable under Section 304-B/34 of the Indian Penal Code. Chandrika Devi, the daughter of the informant was married to Bhola Mahto, the son of the petitioner and due to nonfulfillment of demand of she-buffalo, the husband, mother-in-law, the petitioner and Vaisur started torturing her and ultimately burnt her to death.

Submission is of false implication and that during investigation the witnesses, vide paras 24, 25, 26 and 27 of the case diary, have stated that when Chandrika Devi was cooking food, accidentally fire engulfed her and the family members and the witnesses tried to save her and further she was being brought

Patna High Court Cr.Misc. No.45689 of 2015 (3) dt.07-01-2016 for treatment to Darbhanga but she died in the way and, as such, the petitioner being father-in-law, who is suffering in custody since 19.07.2015, deserves sympathetic consideration as chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. fairly submits that those witnesses have not supported the prosecution version but the informant and some of the witnesses have supported the prosecution version. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Sitamarhi arising out of Nanpur P.S. Case No. 153 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U