Kalej Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36997 of 2017 Arising Out of PS.Case No. -235 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Kalej Mahto Son of Nanhak Mahto @ Nanak Mahto, R/o Village- Ram Nagar, P.S.- Chapra Muffasil, District- Saran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 304B, 120B, 201 and 34 of the IPC. It is submitted on behalf of petitioner that as a counter blast of Bheldi Police station Case No. 50 of 2016, lodged by Nanhak Mahto, father of the petitioner, alleging murder of petitioner's wife, the instant case has been lodged seven months thereafter making allegation under sections 304B of the IPC against his entire family members. Other co-accused family members have been granted the privilege of anticipatory bail vide order dated 29.05.2017, passed in Cr.Misc.No.19713 of 2017, while the petitioner's bail petition became infructuous as he was arrested in the meantime. Further, it is submitted that from perusal of the FIR it appears that though the allegation of death of his wife is of

Patna High Court Cr.Misc. No.36997 of 2017 (2) dt.10-08-2017 2/2 November, 2015, the FIR has been lodged in June, 2016 without plausible reason, which is highly unnatural and improbable and much prior thereto, petitioner's father has already lodged Bheldi Police station Case No. 50 of 2016 in respect of murder of petitioner's wife. It is also submitted that prior to the instant case, the petitioner has got no antecedent. Petitioner is in jail custody since 02.05.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Mufassil Police station Case No. 235 of 2016. (Madhuresh Prasad, J) Shashi.

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