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Patna High CourtCR. MISC./56871/2017bail granted

Chhotu Kumar @ Chhote @ Chhotu Mahto v. The State Of Bihar

2017-12-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56871 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Chhotu Kumar @ Chhote @ Chhotu Mahto, Son of Late Raj Kumar Mahto, Resident of Village- Arout, P.S.- Rosera, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Rosera P.S. Case No. 60/2016 dated 20.02.2016 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code. The F.I.R. itself reveals, it has been argued, that the petitioner married the deceased after having an affair with her. It has been alleged in the F.I.R. that within four months of the marriage, the deceased died. Though there is allegation of demand of dowry and ill-treatment, but it has been argued, those allegations are not borne out by the records of the case. The mother of the petitioner, i.e. mother-in-law of the deceased was immediately arrested and was put on trial. During the trial, the father, mother and the sister of the deceased have not supported the prosecution version and

Patna High Court Cr.Misc. No.56871 of 2017 (2) dt.04-12-2017 2/2 have been declared hostile.

The petitioner is in custody since 30.05.2017. Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner.

The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Rosera P.S. Case No. 60/2016. (Ashutosh Kumar, J.) Rakhi U T