Jokhu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42214 of 2024 Arising Out of PS. Case No.-59 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Jokhu Mahto Son of Late Shiv Mahto Resident of vill.- Matihaniyan, P.S.- Bishambharpur, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Ranjan, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 201 and 34 of the I.P.C. read with Sections 3 and 4 of the D.P. Act and police submitted charge-sheet under Sections 304(B), 302, 201 and 34 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the present petitioner. It has been alleged that marriage of the informant's daughter has solemnized with son of the petitioner on 05.05.2021 and subsequently, the present event took place on 11.04.2023. The F.I.R. has been lodged on 12.04.2023.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.42214 of 2024(2) dt.12-07-2024 2/3 petitioner is innocent and has committed no offence. He further submits that antecedent of the petitioner is clean. He further submits that from bare reading of the F.I.R., it is there that a general and omnibus allegation has been made against all the accused persons. He further submits that the petitioner is living separately with his son and he has no knowledge about the said occurrence. He further submits that the petitioner has falsely been implicated in this case merely on suspicion. He further submits that the husband of the deceased is already in custody since 20.04.2023. He further submits that there is no chance of absconding and tampering the evidence at the hand of the petitioner.
5. Learned A.P.P. for the State opposes the prayer for bail.
6. In the present facts and circumstances of the case and the submissions made above, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Gopalganj, in connection with Bishambharpur P.S. Case No. 59 of 2023, dated 12.04.2023
Patna High Court CR. MISC. No.42214 of 2024(2) dt.12-07-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J) sadique/- U T