Suresh Prasad Mahto @ Suresh Prasad @ Suresh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13854 of 2024 Arising Out of PS. Case No.-891 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Suresh Prasad Mahto @ Suresh Prasad @ Suresh Mahto Son Of Late Kashi Mahto Resident Of Mohalla - Mohalla Gur Ki Mandi, Rajput Toli, PsAlamganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajiv Ranjan Singh, Advocate For the State :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Alamganj P.S. Case No. 891 of 2023 instituted for the offence under Sections 302/120(B) & 34 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that daughter of the informant was done to death at her matrimonial house. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-10-2023. Petitioner is stated to be man of clean antecedent.

Patna High Court CR. MISC. No.13854 of 2024(2) dt.06-03-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner is the father-in-law of the deceased and husband of the deceased is already in custody. There is no specific allegation levelled against the petitioner and from the perusal of the postmortem report, it would transpire that cause of death is due to asphyxia due to hanging. It is lastly submitted that police after investigation has submitted charge sheet under Section 306 & 34 of the IPC. Mother-in-law of the deceased has been allowed anticipatory bail by a Co-ordinate Bench of this Court vide order dated 19-01-2024, passed in Cr. Misc. No. 86633 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, fact that there is no direct allegation and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alamganj

Patna High Court CR. MISC. No.13854 of 2024(2) dt.06-03-2024 3/3 P.S. Case No. 891 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T