Panchan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30214 of 2021 Arising Out of PS. Case No.-74 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== PANCHAN MAHTO S/O BODHAN MAHTO R/o village- Sandwara, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Ms.Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Bajpatti P.S. Case No. 74 of 2019, registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with co-accused Indrajeet Mahto in the year 2017. After marriage, all the FIR named accused persons including this petitioner subjected her to torture and harassment for dowry and due to non-fulfillment of the same, informant's daughter was strangulated to death by the accused persons. It is submitted on behalf of the petitioner that petitioner is brother-in-law (Dewar) of the deceased and he is living separately at Delhi and has no concern with the family

Patna High Court CR. MISC. No.30214 of 2021(2) dt.13-08-2021 2/2 affairs of the deceased and her husband. There is general and omnibus allegation. Petitioner is in custody since 07.07.2020 having no criminal antecedent. Chargesheet has already been submitted.

Considering the facts and circumstances of the case and the fact that petitioner is brother-in-law (Dewar) of the deceased and there is general and omnibus allegation, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 74 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T