Shashi Mahto @ Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44731 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== Shashi Mahto @ Shashi Kumar Son Of Kamleshwari Mahto R/O VillageManikpur, P.S.- Surygarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Surygarha (Manikpur) P.S. Case No. 105 of 2020, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Prosecution case in brief is that all the accused persons including this petitioner strangulated Sanjay Mahto husband of Maheshwari Devi (informant of UD Case No. 06 of 2020) to death and hanged the dead body in the ceiling of the roof. On the basis of written application of informant (police official) relating to UD Case No. 06 of 2020, the present FIR was lodged.

It is submitted on behalf of petitioner that Maheshwari

Patna High Court CR. MISC. No.44731 of 2021(3) dt.11-07-2022 2/3 Devi alleged that her husband committed suicide insider her house and dead body was also recovered, but later on, Maheshwari Devi in her restatement developed altogether a different story on the basis of which the present FIR was registered. She alleged that since her husband had got illicit relation with co-accused Yashoda Devi, co-accused Yashoda Devi her two sons Rishi Mahto and Shashi Mahto (petitioner) strangulated her husband to death, but there is no material against this petitioner. None has seen the petitioner committing murder of the deceased. Co-accused Yashoda Devi has been granted regular bail by this Court vide order dated 09.02.2021 passed in Cr. Misc. No. 37696 of 2020. Petitioner claims clean antecedent.

Counsel for informant vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai

Patna High Court CR. MISC. No.44731 of 2021(3) dt.11-07-2022 3/3 in connection with Suryagarha (Manikpur) P.S. Case No. 105 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T