Patna High CourtCR. MISC./16391/2017bail granted

Chandra Kishore Mahto v. The State Of Bihar

2017-05-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16391 of 2017 Arising Out of PS.Case No. -9 Year- 2016 Thana -GOBARHIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chandra Kishore Mahto Son of Varan Mahto, resident of village - Naurangia Don, P.S. Gobarhiya, Sub Division - Ram Nagar, District - West Champaran, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lalit Narayan Jha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code. Dead body of Siwani Kumari was found hanging with a tree in a Jungle. The post-mortem report reveals that death was by throttling. Suspicion against the petitioner is because he had affair with Siwani Kumari.

Learned counsel submits that the case diary reveals that there is no eye-witness of the occurrence and there is no material to substantiate that there was differences in the affairs, therefore, there was no reason for the petitioner to commit murder of Siwani. She might have been murdered as honour

Patna High Court Cr.Misc. No.16391 of 2017 (3) dt.16-05-2017 2/2 killing by her family members itself.

Considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bagha, West Champaran/successor Court in connection with Gobrahia Police Station Case No. 09 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T