Magister Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37880 of 2022 Arising Out of PS. Case No.-10 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== Magister Mahto Son of Late Jagdeo Mahto Resident of Vill.- Sirisiya, P.S.- Jamo Bazar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jamobazar P.S. Case No. 10 of 2020 lodged under Sections 304(B), 328, 201, 34 of the I.P.C.

As per the prosecution case, the informant has made allegation against 6 named persons, including the present petitioner, that they killed her daughter by virtue of giving poison to her.

Learned counsel for the petitioner submits that marriage of informant's daughter was solemnized with the son of the petitioner and different items have been given as per the capacity but even then the in-laws family started demanding motorcycle, gold chain, ring and cash (Rs. 1 lakh). Upon oppose they started to torture by not providing food to the deceased. It

Patna High Court CR. MISC. No. 37880 of 2022(3) dt.23-11-2022 2/2 has been stated that informant's son-in-law intimated her that her daughter was ill and being treated at Siwan, again 45 minutes later he called and told her that her daughter is getting treated at Sadar Hospital in Gopalganj and lastly informed that informant's daughter died and has been cremated. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 24.05.2022 having clean antecedent. He also submits that general and omnibus allegations has been made against the petitioner. Learned counsel for the State opposes the prayer for bail and submits that even after repeated information after death of the informant's daughter, no information was communicated and last rites was performed without calling them. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ashishsingh/- U T