Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26682 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Raj Kumar Mahto R/o- Chhadhari Mahto R/o- Imiliya Bhagwanpur, PSPipra, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is in custody since 26-12-2023 and has been falsely implicated in the instant case by the informant with an allegation that the daughter of the informant was married to the brother of the petitioner on 02.05.2022, but after marriage, the accused persons including the petitioner started demanding dowry and for non-fulfilment of the demand, his daughter was killed.

4.

Learned counsel for the petitioner next submits

Patna High Court CR. MISC. No.26682 of 2024(4) dt.13-09-2024 2/3 that the informant in the F.I.R. in order to give seriousness to the case alleges that he was informed by some unknown person about the occurrence. It is next submitted that it was husband of the deceased who had informed the informant about the death of his daughter, who had consumed poison on account of differences in between the husband and the wife. It is also submitted that though in the F.I.R., it is alleged that when the informant reached the place of occurrence, he saw the dead body of his daughter lying on the bed in a room locked from outside, which was broken and the body was taken out and the deceased prior to death was assaulted leading to fracture of her leg and her two months old daughter was also lying beside her in the room and none of the family members were present. 5.

The learned counsel for the petitioner submits that the said allegation has been alleged only to give a serious colour to the case that deceased prior to her death was assaulted causing fracture of her leg but then no external injury was found in the post-mortem report. It is also submitted that mother-inlaw and father-in-law of the deceased had approached this Court seeking anticipatory bail by filing Cr. Misc No. 36037 of 2024 and the same was allowed by an order dated 19-6-2024. It is next submitted that the case of the petitioner is also similar to

Patna High Court CR. MISC. No.26682 of 2024(4) dt.13-09-2024 3/3 that of the mother-in-law and the father-in-law of the deceased. 6.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

7.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail 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 trial court where the case is pending/successor court in connection with Pipra P.S. Case No.356 of 2023.

(Satyavrat Verma, J) SUMIT/- U T