Ramanand Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51785 of 2018 Arising Out of PS.Case No. -425 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramanand Mahto S/o Dinesh Mahto, R/o Vill.- Barwat Sena, P.S.- Bettiah Muffasil , District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-10-2018 The petitioner is in custody since 31.10.2017 in connection with Bettiah Mufassil P.S. Case No. 425 of 2017, registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner, who happens to be the husband of the deceased, is of causing dowry death of the deceased.

Submission of learned counsel for the petitioner is that there is 5 days delay in lodging the F.I.R. and as a matter of fact, the deceased died due to illness and the information was given to the informant and dead-body was also disposed of, but later on with ulterior motive, the present case has been lodged against the petitioner and he has been in custody for a year and marriage was

Patna High Court Cr.Misc. No.51785 of 2018 (3) dt.31-10-2018 2/3 solemnized prior to seven years of death of the deceased. Heard learned A.P.P. also, who opposed the prayer for bail of the petitioner, however, submitted that the deceased has hanged herself.

Having heard both sides and considering the aforementioned facts and circumstances and also considering that the petitioner is in custody for a year, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bettiah, West Champaran at Bettiah, in connection with Bettiah Mufassil P.S. Case No. 425 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his

Patna High Court Cr.Misc. No.51785 of 2018 (3) dt.31-10-2018 3/3 part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T