Sharwan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29569 of 2020 Arising Out of PS. Case No.-173 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Shrawan Mahto Son of Late Sukdeo Mahto Resident of Village- Kawalpur, P.S.- Turkauliya, District.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

Petitioner is husband of the deceased. Marriage was solemnized sixteen years back. The deceased had children from this petitioner.

Allegation is that she was done to death by the petitioner and others for dispute with the petitioner as the victim used to protest the act of the petitioner in playing gamble. Learned counsel for the petitioner submits that there is no eyewitness of the occurrence before the police. The

Patna High Court CR. MISC. No.29569 of 2020(3) dt.11-01-2021 2/2 petitioner is in custody since 23.03.2019.

Considering the entire facts aforesaid there is no need of further detention of the petitioner as under trial prisoner. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Turkauliya P.S. Case No.173 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T