Shree Nandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16439 of 2020 Arising Out of PS. Case No.-91 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== SHREE NANDAN MAHTO Son of Ramlil Mahto @ Ramjit Mahto Resident of Village - Galimpur Mushhar Toli, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2020 Heard both sides through Video Conferencing.

The petitioner seeks bail in Rajepur P.S. Case No.91 of 2019 registered under Sections 304B and 34 of the Indian Penal Code.

The mother of the deceased disclosed in her fardbeyan that she got her daughter married with the petitioner but immediately after marriage, the petitioner-husband and other inlaws of her daughter started subjecting her to physical and mental torture and on 23.07.2019, she got information that her daughter was done to death by her husband and other in-laws. When the informant went there, she found the dead body of her daughter and inmates of the house were absent. The learned counsel for the petitioner submits that petitioner is innocent and he has in fact committed no offence.

Patna High Court CR. MISC. No.16439 of 2020(3) dt.26-08-2020 2/3 The wife of the petitioner was a quarrelsome lady. She was suffering from Schizophrenia and she herself committed suicide. The petitioner is in jail for about a year and, therefore, petitioner deserves bail but learned A.P.P. opposed the prayer for bail and submitted that petitioner is the husband and the wife of the petitioner was strangulated to death within two months of her marriage.

Having heard both sides and on perusal of the records, it appears that petitioner is the husband of the deceased and deceased was done to death in her in-laws house. Compressed injury on neck was found and this fact shows that deceased appears to have been strangulated to death.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis after over of covid-19 pandemic and conclude the same within one year from the date of receipt of this order. The S.P., Motihari is directed to ensure the attendance of the witnesses during the trial so that the trial must be concluded within one year.

Let a copy of this order be sent to S.P., East

Patna High Court CR. MISC. No.16439 of 2020(3) dt.26-08-2020 3/3 Champaran, Motihari and the learned trial court. If the trial is not concluded within one year, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) Saurabh/- U T