Kushahar Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.16619 of 2017 (3) dt.01-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16619 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -RASULPUR District- SARAN ====================================================== Kushahar Mahto Son of Late Sudeshi Mahto Resident of Village-Rasulpur P.S.-Rasulpur Dist-Saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rasulpur P.S. Case No. 40 of 2016 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. Allegedly, the sister of the informant was killed due to non-fulfillment of demand of Rs. 1,00,000/- by her husband and other in-laws by administering poison.

Submission is of false implication and that the deceased and her husband were living separately but the petitioner who is the father-in-law has been implicated in this case falsely, the petitioner is in custody since 25.04.2016. Suganti Devi the wife of the petitioner has been allowed bail vide order dated 18.01.2017 passed in Cr. Misc. No. 1601 of 2017 by another coordinate Bench of this Court and as such the petitioner deserves

Patna High Court Cr.Misc. No.16619 of 2017 (3) dt.01-05-2017 sympathetic consideration.

Learned APP fairly submits that the petitioner is the father-in-law and mother-in-law has already been allowed bail. 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 A.C.J.M. 10th, Saran at Chapra in connection with Rasulpur P.S. Case No. 40 of 2016, subject to the conditions that one of the bailors must be a 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) avin/- U T