Dhannu Mahto @ Dhanu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.97 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== DHANNU MAHTO @ DHANU MAHTO Son of Motilal Mahto Resident of Village- Bhitbherwaa, P.s and District Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sunil Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gopalganj (Town) P.S. Case No. 186 of 2015 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

Indu Devi, the daughter of the informant was married to the petitioner three years ago and out of the wedlock there is a daughter aged one year and allegedly, due to non-fulfillment of demand of dowry by way of cash of Rs. 50,000/- to do business, she was killed by the petitioner and other in-laws and her dead body was also cremated.

Submission is of false implication and that the wife of

the petitioner died due to abdominal pain, there was cordial relationship between the petitioner and the wife, the petitioner never demanded any thing and during investigation witnesses namely, Anita Devi, Gopi Shankar Mahto and Urmila Devi and others have stated that the deceased died due to abdominal pain. The informant after realizing the truth, has also filed petition in this regard in learned court below, the petitioner suffering in custody since 30.02.2015, deserves sympathetic consideration. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. submits that the petitioner is the husband.

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 Chief Judicial Magistrate, Goplganj in connection with Gopalganj (Town) P.S. Case No. 186 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 T