Rajiv Mahto @ Rajiv v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35847 of 2023 Arising Out of PS. Case No.-297 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Rajiv Mahto @ Rajiv S/O Chandrabali Mahton R/O Village- Naya Tola Pichouli, P.S- Teghra, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Teghra P.S. Case No. 297 of 2022 dated 23.10.2022 registered for the offence/s punishable u/ss 302 and 201 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the informant's daughter by hanging due to non-fulfillment of demand of Rs. 50,000/- as dowry. It is further alleged that the dead body of the deceased was recovered from a bamboo orchard.

Patna High Court CR. MISC. No.35847 of 2023(8) dt.01-11-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is the brother-in-law of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 learned court concerned, Begusarai in connection with Teghra P.S. Case No. 297 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T