Pankaj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48266 of 2023 Arising Out of PS. Case No.-423 Year-2022 Thana- MANJHI District- Saran ====================================================== Pankaj Mahto S/O Manoj Mahto R/O Village- Salempur, P.S- Manjhi, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Anand Kishore Choudhary For the Informant :

Mr. Rakesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 201 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused person is that they committed murder of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the husband of the deceased due to which he has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.48266 of 2023(5) dt.02-12-2023 2/3 the deceased was not intending to live with the petitioner and she was suffering from various ailments and in support of this , Annexure-2 series has been annexed which are medical report of the deceased. The deceased was willing to get herself treated in Delhi but her parents were not ready for the same. When accused persons were sleeping inside their room, the deceased fled from the house without informing anybody regarding which information was given to Manjhi P.S. an S.P. Saran. From perusal of the postmortem report, it is stated that the death of the deceased was caused by drowning in the pond. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manjhi P.S. Case No. 423 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.48266 of 2023(5) dt.02-12-2023 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra.

(Sunil Kumar Panwar, J) Shubham/- U T