Patna High CourtCR. MISC./5648/2018bail granted

Rajkishore Mahto @ Mohan Mahto v. State Of Bihar And ANR

2018-02-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5648 of 2018 Arising Out of PS. Case No.-186 Year-2017 Thana- DALSINGHSARAI District- Samastipur ====================================================== Rajkishore Mahto @ Mohan Mahto, S/o-Shivjee Mahto, Resident of VillageChaklokman (Ward No.9), P.O.+P.S. Dalsinghsarai, District Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Asha Devi, W/o Late Kamleshwar Mahto, Village-Khaira, P.O. Udaypur, P.S. Rosera, District-Samastipur, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Vardhan Narayan For the Opposite Party/s :

Mr. SRI AJAY KUMAR -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks bail in Dalsinghsarai P.S. Case No. 186 of 2017 registered for the offence punishable under Sections 304B and 201 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case only to harass as he is the husband of the deceased. It has been further submitted that the petitioner was not present at the place of occurrence, when this incident happened. Petitioner had informed about the incident to his in-laws including the informant and they were present at the time of cremation. Petitioner was not present when in accidental fire his deceased

Patna High Court Cr.Misc. No.5648 of 2018(3) dt.28-02-2018 2/2 wife was caught and somehow he entered the house and also received injuries in extinguishing the fire and immediately took her to hospital but she could not be saved. Petitioner has got no criminal antecedent and is in custody since, 13.09.2017. Learned counsel for the informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Dalsinghsarai in connection with Dalsinghsarai P.S. Case No. 186 of 2017.

(S. Kumar, J) ranjan/- U