Laxman Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19957 of 2020 Arising Out of PS. Case No.-111 Year-2019 Thana- JALE District- Darbhanga ====================================================== 1.

LAXMAN MAHTO Son of Nathuni Mahto Resident of Village- Jalley Subhash Chouk, P.S.- Jalley, District- Darbhanga. 2.

Madhu Devi @ Manju Devi Wife of Laxman Mahto Resident of VillageJalley Subhash Chouk, P.S.- Jalley, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Sri Akhileshwar Dayal, the learned APP appearing for the State. The petitioners seek regular bail in connection with S.T. No. 464 of 2019 arising out of Jalley P.S.Case No. 111 of 2019, registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The accusation is regarding the daughter of the informant

Patna High Court CR. MISC. No.19957 of 2020(2) dt.24-06-2020 2/3 having been burnt by the accused persons resulting in her death. The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. It is further submitted that the husband of the deceased victim lady is already in custody, hence, no prejudice would be caused if the petitioners, who are the father-in-law and mother-in-law of the deceased victim lady, are granted regular bail. It is submitted that the petitioner no. 1 is in custody since 30.9.2019 and the petitioner no. 2 is in custody since 3.8.2019. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioners and taking into account the fact that the petitioners are aged persons, who are father-in-law and mother-in-law of the deceased victim lady, whereas the husband is in custody, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.19957 of 2020(2) dt.24-06-2020 3/3 each to the satisfaction of learned 3rd Additional Sessions Judge Darbhanga in connection with S.T. No. 464 of 2019 arising out of Jalley P.S. Case No. 111 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T