Lal Mohan Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27734 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== LAL MOHAN KUMAR MAHATO Son of Chandeswar Mahato Resident of Village - Khushihal Dumri, P.S.- Jamo Bazar, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Jamo Bazar P.S. Case no. 201 of 2020 registered for the offence punishable under sections 302 and 379 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is in custody since 27.09.2020. He further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant who is mother of the deceased has instituted this case alleging that she was informed that her daughter has been killed upon which she came to matrimonial home of her daughter and saw the door of the house was open and dead body of her daughter was found hanging. Husband of the deceased was working in Punjab.

Patna High Court CR. MISC. No.27734 of 2021(3) dt.23-11-2021 2/2 Informant further alleges that daughter of the deceased Karishma said that her mother was killed by this petitioner and he took away her mobile. Learned counsel for the petitioner next submits that the deceased was in love with the petitioner and when petitioner's marriage was fixed, she committed suicide.

Learned APP opposed the prayer for bail and submitted that from perusal of the allegation as alleged in the FIR, it would manifest that it was the daughter of the deceased who disclosed to her grand mother that how her mother was killed and she has specifically named this petitioner. He further submits that daughter would not have implicated a person knowingly that he has not committed the occurrence. Considering the facts that petitioner has been alleged to be assailant and that too by daughter of the deceased, this court is not inclined to enlarge him on bail and accordingly, his prayer for bail is rejected.

(Satyavrat Verma, J) s.hassan/- U T