Baudhu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26199 of 2025 Arising Out of PS. Case No.-424 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Baudhu Mahto S/o Late Baso Mahto @ Late Vasudev Mahto @ Late Vasadev Mahto R/o Village- Sahebpur Kamal, Ward no. 8, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-05-2025 Heard Mr. Sandip Kumar Gautam, learned counsel for the Petitioner and Mr. Anuj Kumar Shrivastava, learned APP for the State.
2. Petitioner seeks regular bail in connection with Shahebpur Kamal P.S. Case No. 424 of 2024 dated 20.12.2024 registered for the offences punishable under Sections 126(2), 115(2), 118(2), 352, 85, 80(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. The main submissions advanced by petitioner's counsel are that the petitioner is father-in-law of the deceased, from the entire FIR it is clearly evident that the main allegation is against the son of this petitioner and admittedly, the deceased was at her naihar (parents' house), at the time of commission of
Patna High Court CR. MISC. No.26199 of 2025(2) dt.05-05-2025 2/3 the alleged occurrence and the FIR was registered by the sister of the deceased. It is further submitted that as per the informant, the petitioner's son came in the night of 19.12.2024 and called the victim out of her parents' house and thereafter, victim's dead body was found in the daytime on the next day. So, from this story, no allegation was made against this petitioner and he has been made accused mainly on account of being father of the main accused. It is lastly submitted that the petitioner, who is fifty eight year old, has been languishing in jail since 20.12.2024 having fair and clean antecedent and against him, the investigation has been completed.
4. Learned APP for the State has opposed the prayer for bail of the petitioner and submitted that the deceased was brutally killed within eight months of her marriage.
5. Considering the facts and circumstances of this case as well as aforesaid submissions and mainly the facts that the main allegation is against the husband of the deceased and admittedly, the victim was at her naihar (parents' house) at the time of the alleged occurrence and it was the petitioner's son, who called the victim out of her parents' house and thereafter, victim's dead body was found and also, considering the petitioner's custody period and the completion of investigation
Patna High Court CR. MISC. No.26199 of 2025(2) dt.05-05-2025 3/3 against him, in my opinion, the petitioner deserves to the relief of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Shahebpur Kamal P.S. Case No. 424 of 2024.
(Shailendra Singh, J) maynaz/- U T