Bhola Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44454 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -NANHPUR District- SITAMARHI ====================================================== Bhola Mahto, son of Ras Bihari Mahto, resident of village-Nayatol, Police Station-Nanpur, District-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 16-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Nanpur P.S. Case No.153 of 2015 registered under Sections 304B/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by her husband (petitioner) and other in-laws by burning for non fulfillment of the dowry demand of one she-buffalo. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased, the daughter of the informant. In fact, the deceased, the daughter of the informant, sustained burn injury in course of cooking meal. While the deceased, the daughter of the informant, was rushed to

Patna High Court Cr.Misc. No.44454 of 2016 (5) dt.16-03-2017 2/2 Darbhanga for treatment but she died in the way. At that time, this petitioner also informed to his father-in-law (informant) about the incident, who also came and in his presence, the post-mortem examination of the dead body of his daughter was performed. Further submission is that during investigation, the witnesses, in paragraphs-24, 25, 26 and 27 of the case diary, have stated that the deceased, the daughter of the informant, sustained burn injury in course of cooking meal and she died in the way, while she was being taken to Darbhanga for treatment. The petitioner having no criminal antecedent is in custody since 01.07.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupari, District-Sitamarhi, in connection with Nanpur P.S. Case No.153 of 2015. (Rajendra Kumar Mishra, J) P.S.