Kishan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19588 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Kishan Mahto Son of Singasan Mahto R/V- Jaisinghpur P.S- Turkauliya DistEast champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjwal Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is

Patna High Court CR. MISC. No.19588 of 2023(7) dt.01-11-2023 2/3 the husband of the deceased. There is no any prior complaint regarding assaulting, harassment and torturing to the deceased against the petitioner and others. He submitted that the deceased took some indigestible food due to which she suddenly developed diarrhea and became unconscious, in respect of which the informant was informed by the petitioner about his daughter condition for which she was at first treated at home and was being removed to hospital, but unfortunately she took her last breath. He submitted that the informant and others participated in funeral but subsequently dispute regarding Stridhan arose leading to the filing of the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 08.06.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.19588 of 2023(7) dt.01-11-2023 3/3 satisfaction of the learned 22th Additional Sessions Judge, Motihari at East Champaran in connection with Turkauliya P.S. Case No. 342 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T