Krishna Nandan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35264 of 2023 Arising Out of PS. Case No.-267 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== Krishna Nandan Mahto Son of Late Sewak Mahto @ Ram Sewak Mahto Resident of Village- Kolasi PS- Chiraiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Radha Mohan Singh For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 302 of the Indian Penal Code.
3. The allegation against the petitioner along with others is of killing the daughter of the informant, who is aged about 13 years.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is general and omnibus allegation against the petitioner rather specific allegation of assaulting to the informant's daughter is against co-accused Alha Mahto and Indu Mahto. There is no specific
Patna High Court CR. MISC. No.35264 of 2023(3) dt.26-07-2023 2/2 overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He further submitted that the co-accused namely, Indu Devi has already been granted bail by a Co-ordinate Bench vide order dated 07.04.2022 passed in Cr. Misc.No. 56683 of 2021. He is languishing in judicial custody since 10.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Chiraiya P.S. Case No. 267 of 2018.
(Sunil Kumar Panwar, J) arish/- U T