Gandori Mahto @ Gangori Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10982 of 2023 Arising Out of PS. Case No.-979 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Gandori Mahto @ Gangori Mahto S/o Brahmdeo Mahto @ Bramdev Mahto R/o village- Dahraiya, P.S.- Gangour, Distt- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioner as well as other co-accused persons used to torture his daughter (deceased) due to non-fulfillment of dowry demand and suddenly on 13.09.2022, the informant came to know that his daughter has been killed by the accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is relevant to mention here that husband of the deceased is not named as accused in the F.I.R. The sole responsibility to keep the wife with full honour and dignity upon the husband and not against his family members.

Patna High Court CR. MISC. No.10982 of 2023(4) dt.07-07-2023 2/2 The petitioner is father-in-law of the deceased due to which he has falsely been implicated in this case. The petitioner has no concern with mess and business of the deceased or with her husband and lives separately. There is no specific allegation against the petitioner rather the allegation is general and omnibus. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khagaria (Gangaur) P.S. Case No. 979 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Begusarai. (Sunil Kumar Panwar, J) lata/- U T