Rajesh Mahto @ Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26759 of 2025 Arising Out of PS. Case No.-604 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== Rajesh Mahto @ Rajesh Prasad S/o Late Sahdev Mahto R/o - Barith, P.S - Katrisarai, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

2. The petitioner apprehends his arrest in connection with Giriyak P.S. Case No. 604 of 2021 registered for the offences punishable under Sections 302, 498 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the instant case by the informant who is his mother-in-law when petitioner is a person with clean antecedent. It is further submitted that marriage of the petitioner with the deceased was performed in the year 2005 and out of the wedlock a child was born who also died. It is further submitted that the informant instituted the instant FIR alleging that petitioner along with

Patna High Court CR. MISC. No.26759 of 2025(2) dt.16-05-2025 2/3 three unknown accused killed her daughter and tried to destroy the evidence by attempting to get the last rites done.

4. The learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case based on suspicion and the informant is not an eye witness to the occurrence. It is also submitted that the marriage of the petitioner with the deceased was performed in the year 2005 and in between 2005 till 2024 no case ever came to be instituted either by the informant or the deceased alleging that they feel threatened by the petitioner.

5. The learned APP for the State, Mr. Chandra Bhushan Prasad, opposes the anticipatory bail application of the petitioner and submits that from perusal of the allegation as alleged in the FIR, it would manifest that informant also alleges that the child, born out of the wedlock, also died under a mysterious circumstance, it is next submitted that no doubt suspicion has been raised against the petitioner, but then investigation in the case against the petitioner is continuing, as such, if privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, as the FIR is of the year 2021 and the petitioner after three years at his leisure moved before the learned Trial Court seeking anticipatory bail. It is further

Patna High Court CR. MISC. No.26759 of 2025(2) dt.16-05-2025 3/3 submitted that from perusal of the order impugned, it would manifest that the same records that the inquest report was followed by postmortem of the dead body of the victim and the cause of death on external examination was opined to be about thyroid cartilage and also recorded that the mark is directed upward parallel to the line of mandible and is incomplete at the back of the neck.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T