Bharat Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4278 of 2017 Arising Out of PS.Case No. -500 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Bharat Mahto, son of Rameshwar Mahto @ Parmeshwar Mahto, resident of Village- Ajarkve Dilawarpur, P.S. Runnisaidpur, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur with Mr. Sanjay Kumar, Advocates For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Runnisaidpur P.S.Case No. 500 of 2015 registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that though petitioner is husband and there is allegation of demand of dowry but the deceased became pregnant and she gave birth to a child and there is shortage of hemoglobin in her blood and during course of treatment she died and during the course of investigation not even a single independent witness has supported the prosecution case.

Heard learned APP also, who has not controverted the aforesaid fact.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.4278 of 2017 (3) dt.17-03-2017 2/2 facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur P.S.Case No. 500 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U