Amrit Mahto @ Amrit Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34578 of 2022 Arising Out of PS. Case No.-157 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== AMRIT MAHTO @ AMRIT MAHTON Son of Late Jahuri Mahto @ Jahuri Mahto @ Late Johabe Mahto @ Late Jaharu Mahto Resident of Village - Koriya, P.S.- Muffasil, Distt.- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Sections 498(a), 304(b), 201, 34 of Indian Penal Code, in connection with Muffasil P.S. Case No. 157 of 2020.

The allegation in the FIR is that the informant's daughter Chanda Devi was married to Sanjiv Kumar but was tortured for want of dowry and on the fateful day she got information that her daughter has been killed. Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that the petitioner is the father-in-law of the deceased, is in custody

Patna High Court CR. MISC. No.34578 of 2022(2) dt.12-09-2022 2/3 since 30.4.2022, was living separately from the couple with the last submission that the husband is in custody since 17.11.2020 ( as stated in para-12 of the bail application). Considering the fact that the husband is in custody, the petitioner is father-in-law and the charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Muffasil P.S. Case No. 157 of 2020 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his

Patna High Court CR. MISC. No.34578 of 2022(2) dt.12-09-2022 3/3 bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T