← Library
Patna High CourtCR. MISC./13115/2025bail rejected

Mukesh Kumar @ Mukesh Mahto v. The State Of Bihar

2025-07-10Mr. Justice Sourendra Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13115 of 2025 Arising Out of PS. Case No.-205 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Mukesh Kumar @ Mukesh Mahto Son of Harendra Mahto Resident of Village- Siwsa Nonia Tola, P.S.- Raxaul, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar II, Adv For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 10-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Paharpur P.S. Case No. 205 of 2024 registered for the offences punishable u/s 302 of the I.P.C.

3. As per the prosecution case, the grand-daughter of the informant was married to the petitioner in the year 2018 and thereafter she had been subjected to torture and on the fateful day, the informant came to know that her grand-daughter was done to death by all the named accused persons including the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and it was on account of snake bite that she had died. It is further

Patna High Court CR. MISC. No.13115 of 2025(4) dt.10-07-2025 2/2 submitted that the injury on the body of the deceased does not corroborate with the allegations levelled in the FIR. It is next submitted that the charges have already been framed and during the course of investigation, the independent witnesses have also stated that there was no serious fight between the petitioner and the deceased. It is lastly submitted that the petitioner has one criminal antecedent and is in custody since 17.05.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the wife of the petitioner was done to death brutally, which can be ascertained from the perusal of the post-mortem which has been brought on record by way of Annexure- P/2 and from the external injuries as well as the internal examination, it is evident that the deceased was assaulted and was strangulated to death, hence, he does not deserve the liberty of bail.

6. Considering the aforesaid facts and circumstances of the case and also taking into account the nature of allegation, this Court is not inclined to grant bail to the petitioner and the same is hereby rejected.

(Sourendra Pandey, J) Jyoti/- U T