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Patna High CourtCR. MISC./36886/2020bail granted

Jogan Mahto @ Jogendra Mahto @ Yogendra Mahto v. The State Of Bihar

2021-02-05Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36886 of 2020 Arising Out of PS. Case No.-124 Year-2018 Thana- PANDARAK District- Patna ====================================================== 1.

JOGAN MAHTO @ JOGENDRA MAHTO @ YOGENDRA MAHTO Son of Late Jamun Mahto Resident of Village - Manjhala (Majhla) Bigha, P.S.- Pandarak, District - Patna.

2.

Lalita Devi Wife of Jogan Mahto @ Jogendra Mahto @ Yagendra Mahto Resident of Village - Manjhala (Majhla) Bigha, P.S.- Pandarak, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Verma, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioners are in custody since 29.06.2020 and 07.07.2020 respectively, in connection with Pandarak P.S. Case No. 124 of 2018 (G.R.No.2081 of 2018) for the alleged offences under Sections 304(B) and 201/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated in connection with the murder of the informant's

Patna High Court CR. MISC. No.36886 of 2020(2) dt.05-02-2021 2/3 daughter due to non-fulfilment of demand of dowry, merely because they happen to be father-in-law and mother-in-law respectively of the deceased. It is submitted that petitioners are persons of advanced age of 71 and 66 years respectively, and the accusations against them are improbable. It is submitted that the husband of the deceased has been granted bail by this Court on 01.02.2021 in Cr. Misc. No. 81001 of 2019. It is submitted that the petitioners were living separately from the deceased and her husband and had no concern with their day-to-day affairs. The petitioners claim clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 29.06.2020 and 07.07.2020 respectively, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-V Barh, Patna in connection with Pandarak P.S.Case No. 124 of 2018 (G.R.No.2081 of 2018), if they are not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para 1

Patna High Court CR. MISC. No.36886 of 2020(2) dt.05-02-2021 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T