Shiv Kumar @ Shiv Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42788 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== SHIV KUMAR @ SHIV KUMAR MAHTO Son of Rajnath Singh Resident of village-Bhadwar, P.S.-Chandi, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, APP For the informant :

Mr. Raju Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Chandi P.S. Case No. 107 of 2023 dated 3.4.2023 registered for the offence punishable u/s 304B read with section 34 of the Indian Penal Code. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the niece of the informant due to non-fulfillment of demand of a motorcycle as dowry.

Patna High Court CR. MISC. No.42788 of 2023(2) dt.21-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is the neighbour of the deceased and he is not relative of the deceased. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.4.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Chandi P.S. Case No. 107 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T