Mukesh Mahto @ Mantu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27302 of 2015 Arising Out of PS.Case No. -224 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ====================================================== Mukesh Mahto @ Mantu, Son of Vidya Mahto, Resident of village - Takipur Dhanuk Tola, P.S. Maharajganj, District - Siwan .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner seeks bail in a case for the offences punishable under Sections 307, 323, 341 and 302/34 of the Indian Penal Code.
The allegation against the petitioner is that he gave fatal blow with brick on the head of the daughter-in-law of the informant, who later on succumbed to the injuries during treatment.
Submission is of false implication due to land dispute. As a matter of fact, the cousin Dudhnath Singh was assaulted brutally by the informant and his family members for which Maharajganj P.S. Case No. 185 of 2012 was registered and the
Patna High Court Cr.Misc. No.27302 of 2015 (3) dt.13-10-2015 2/2 petitioner was not armed with any deadly weapon and no one has seen the occurrence as it was a dark night to which the learned A.P.P. opposes by submitting that post mortem report supports the prosecution case.
In the facts and circumstances as stated above and as the petitioner is assailant, this Court is not inclined to enlarge the petitioner on bail and prayer for bail is accordingly rejected. However, the Trial Court is directed to expedite the trial and to conclude the same preferably within six months by taking it on priority basis.
(Jitendra Mohan Sharma, J) Vats/- U T