Bharat Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28893 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- BELA District- Sitamarhi ====================================================== BHARAT MAHTO S/o Prameshwar Mahto Resident of Village- Sirsia Bazar, P.S.- Bela, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 201 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that his son-in-law Sunil Mahto as also all the members of his family were regularly torturing his daughter for demand of dowry. She was done to death. On receiving information and on reaching her in-laws house, it is stated that he saw the named accused persons including the petitioner herein who left the body in the sugarcane field and escaped. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the F.I.R. itself, it would transpire that the allegation

Patna High Court CR. MISC. No.28893 of 2021(2) dt.08-12-2021 2/2 is against Sunil Mahto and the members of his family. It is categorically stated that the petitioner is not related to Sunil Mahto but has been falsely implicated in the case because of being a co-villager. The petitioner is in custody since 31.12.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner being the co-villager of the husband of the deceased and being in custody for the last more than 11 months, the Court directs the petitioner to be enlarged on bail in connection with Bela P.S. Case no.73 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadar Sitamarhi, District-Sitamarhi. (Partha Sarthy, J) Saurabh/- U T