Jai Mahto @ Jaie Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39315 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Jai Mahto @ Jaie Mahto S/o Shiv Mahto R/o Sindhiya Heeban (Sindhiya Heewan), P.S- Turkauliya (Banjariya), Distt.- East Champaran. 2.

Pramila Devi W/o Raj Kumar Mahto R/o Sindhiya Heeban (Sindhiya Heewan), P.S- Turkauliya (Banjariya), Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners seek regular bail in connection with Turkauliya (Banjariya) P.S. Case No. 138 of 2023 dated 26.01.2023, lodged under Sections 302, 120B/34 of the Indian Penal Code.

4. As per prosecution case, the F.I.R. has been lodged against 8 named accused persons on the suspicion made by the informant that the accused persons including the petitioners may kill her husband.

5. Learned counsel for the petitioners submits that the suspicion has been raised in the F.I.R. by the informant against

Patna High Court CR. MISC. No.39315 of 2023(2) dt.07-07-2023 2/2 two sets of persons for two different cause. He further submits that the said cause was not against the present petitioners. He also submits that petitioners are in custody since 26.01.2023 only and only on the basis of suspicion and their antecedent are clean. Learned counsel submits that the specific suspicion has been made against Dilip Mahto and Raj Kumar Sah and not against the petitioners.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 138 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

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