Ram Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44178 of 2024 Arising Out of PS. Case No.-451 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Ram Kumar Mahto S/o Khusi Lal Mahto R/o Village-mirzapur, ward no. 3, p.s.-Rosera, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Namita Sharma, Adv.

Mr. Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, on 29.07.2023 at about 11 P.M. at night when informant's brother was returning after taking feast from his Nanihal at village Mirjapur and when he came near the house of Ram Kumar Mahto, then this Petitioner along with others, named in the FIR, brutally assaulted his brother namely Shyam Kumar, and also informed the informant that his brother is at his house and when he went to the house of Ram Kumar Mahto, he (informant) saw that his brother is lying dead.

Patna High Court CR. MISC. No.44178 of 2024(3) dt.18-10-2024 2/2

4. Learned counsel appearing for the petitioner submits that the informant is not the eye witness of the occurrence. During investigation, none of the witnesses have supported the prosecution case. As a matter of fact, deceased went in the house of the petitioner for committing theft but he was caught and handed over to his family members, who later on brutally assaulted the victim in order to save their family position in the society. Victim died of the assault caused by informant and his family members, and thus it is a case of honour killing. Petitioner is in custody since 04.02.2024.

5. Learned counsel for the State opposed the prayer for bail and submits that petitioner is named in the FIR and there is specific allegation against him that he along with other accused persons assaulted brother of informant causing his death. Dead body was also recovered in front of the house of the petitioner.

6. Considering the nature of accusation, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) utkarsh/- U T