Nawal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28726 of 2020 Arising Out of PS. Case No.-769 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Nawal Mahto, Son of Sukham Mahto Resident of Village - Sighiya Hiban, P.S.- Banjariya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar- Advocate Mr. Rashmi Jha- Advocate Mr. Sharad Kumar Verma- Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh- P.P. Incharge ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-01-2021 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State.

Petitioner is in custody since 27.11.2018 and seeks bail in connection with Turkauliya (Banjariya) P. S. Case No.769 of 2018 giving rise to Sessions Trial No.499 of 2019 registered for the offences punishable under Sections 304B/ 34, 201/ 34 of the I.P.C.

Petitioner happens to be husband of the deceased and, admittedly, the marriage of deceased had taken place with petitioner in the Year 2012 whereas deceased is said to have been killed in the Year 2018 i.e. after six years of her marriage.

Patna High Court CR. MISC. No.28726 of 2020(3) dt.20-01-2021 2/2 Moreover, it would also appear from perusal of first information report that after marriage, deceased gave birth to two children out of her wedlock.

The learned Sessions Judge has reported that up-tillnow, only two prosecution witnesses could be examined and due to COVID-19, the trial of the petitioner could not be concluded within the period as fixed by this Court vide order dated 14.08.2019 passed in Cr. Misc. No.37165 of 2019. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 17th Additional Sessions Judge, Motihari, East Champaran in connection with Turkauliya (Banjariya) P. S. Case No.769 of 2018.

(Hemant Kumar Srivastava, J) vikash/- U T