Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48520 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- LAURIA District- West Champaran ====================================================== 1.

Manoj Mahto Son Of Late Gorakh Mahto Resident Of Village - Bangali Chowk, P.S. - Lauriya, Distt. - West Champaran 2.

Lakshmina Devi Wife Of Manoj Mahto Resident Of Village - Bangali Chowk, P.S. - Lauriya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused petitioners is that they committed murder of their own daughter due love affair and they also disposed her dead body to conceal the evidence.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of suspicion. The petitioners' daughter went somewhere and did

Patna High Court CR. MISC. No.48520 of 2023(3) dt.11-09-2023 2/2 not return home thereafter they were in continuous search of their daughter, but on 17.04.2023, dead body of their daughter was recovered. The informant is not an eye witness of the alleged occurrence and no specific allegation levelled against the petitioners. It is further submitted that except suspicion no consistent material has come out against the petitioners. They have got no criminal antecedent. Moreover, they are languishing in judicial custody since 24.04.2023 and 19.04.2023 respectively.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lauriya P.S. Case No. 94 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Manishkumar/- U T