Chunchun Mahto @ Chunchun Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15907 of 2018 Arising Out of PS.Case No. -25 Year- 2016 Thana -NAWAKOTHI District- BEGUSARAI ======================================================
1. Chunchun Mahto @ Chunchun Kumar Mahto, Son of- Doman Mahto, resident of Village- Devpura, P.S.- Naokothi, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 302 of the Indian Penal Code. According to FIR, the daughter of the informant had gone to call her maternal uncle Rahul Kumar. Soon thereafter, the petitioner, who is cousin uncle of the informant, informed that the daughter of the informant is weeping near the Shiva Temple. When the informant went there, he found her daughter injured and took her for treatment where she died in course of treatment.
Rahul Kumar stated before the police that in fact the petitioner had assaulted the victim and thrashed her on the
Patna High Court Cr.Misc. No.15907 of 2018 (3) dt.08-05-2018 P2/ ground; as a result whereof she sustained injuries on the head and died. The doctor has found head injury as cause of death. Submission is that the petitioner has got no criminal antecedent. He is in custody since 15.04.2016. He is ready to cooperate with the trial. The charges were framed on 01.09.2017. However, no prosecution witness has been examined uptil now.
Considering the period already undergone by the petitioner as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Naokothi P.S. Case No.25 of 2016, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T