Mantu Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38251 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== Mantu Baitha Son Of Ramchandra Baitha Resident Of Village- Murila, PsKutumba, District- Aurangabad Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kutumba P.S. Case no. 162 of 2019 registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated that the accused persons killed the daughter of the informant and disposed of her body.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the elder brother of the husband of the deceased. The allegations are general and omnibus in nature. His case stands on a similar footing to that of co-accused Bharat Baitha and Sharda Devi who have been enlarged on bail vide order dated 15.10.2020 passed in Cr. Misc. no. 13539 of

Patna High Court CR. MISC. No.38251 of 2020(2) dt.05-02-2021 2/2 2020. The petitioner has no criminal antecedent. With respect to the confessional statement of the petitioner, it is submitted that the same having been made before police has no evidenciary value and even otherwise is exculpatory in nature. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the relationship of the petitioner, grant of bail to co-accused and the petitioner being in custody since 13.6.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kutumba P.S. Case no. 162 of 2019 on furnishing bail bond of Rs. 10,000/- ( Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned I/C C.J.M, Aurangabad.

(Partha Sarthy, J) Prakash/- U