Rinku Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27111 of 2023 Arising Out of PS. Case No.-759 Year-2022 Thana- MADHAURAH District- Saran ====================================================== RINKU MAHTO S/O RAM BALAK MAHTO Resident of VillageBhawalpur, P.S.- Marhowrah, District- Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 24.12.2022 in connection with Marhowrah P.S. Case No. 759/2022, dated 04.12.2022, for the offences punishable under Sections 302 of the IPC.

3. According to prosecution case, the informant has belief that some unknowns have committed murder of the informant's sister-in-law namely Bhagmati Devi by getting entered into her house.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of the statement of informant, which was

Patna High Court CR. MISC. No.27111 of 2023(3) dt.25-07-2023 2/2 recorded on 12.12.2022. Thereafter the statement of the petitioner was recorded in which the petitioner has confessed his guilt and on the basis of his statement, the ornaments of the deceased was found in the jewelry shop, where the ornaments were sold by the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 24.12.2022.

5. Learned counsel for the informant as well as learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that sufficient material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Marhowrah P.S. Case No.759/2022, pending in the Court of learned C.J.M., Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T