Rahul Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27452 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- MAHINDWARA District- Sitamarhi ====================================================== Rahul Kumar Mahto, Son Of Chotelal Mahto, R/O Village- Gidha Fulwaria, P.S.- Mahindwara, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms .Dr. Miss R. Usha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 05-08-2021 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 341, 323, 304(B)/34 of the Indian Penal Code.

Informant has alleged in his written complaint that he married his daughter Anu Kumari with petitioner on 19.12.2019, however after marriage she was being tortured by her in laws for non-fulfillment of demand of dowry and he came to know that on 30.08.2020 she has been killed by strangulation.

It has been submitted on behalf of the petitioner that allegation of demand of dowry and torture is false and the

Patna High Court CR. MISC. No.27452 of 2021(4) dt.05-08-2021 2/3 deceased committed suicide by hanging which is apparent from the post mortem report and from said wedlock a six months girl child is also born and no one is to look after her. There is delay in four days in instituting the F.I.R. Petitioner has no criminal antecedent and is in custody since 30.09.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Mahindwara P.S. Case No. 110 of 2020, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.27452 of 2021(4) dt.05-08-2021 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T