Sanjeev Mahto @ Phulchan Mahto @ Phulchan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42480 of 2022 Arising Out of PS. Case No.-984 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Sanjeev Mahto @ Phulchan Mahto @ Phulchan S/O Devanand Mahto Resident of Village- Bhagat tola, Mathurapur, P.S. and District- Khagaria (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Khagaria P.S. Case No. 984 of 2020 lodged under Sections 304(B) and 34 of the I.P.C.
As per the prosecution case, the allegation of murder of the informant's younger daughter is there in the F.I.R. by her husband and his family members and case has been lodged under Sections 304(B) and 34 of the I.P.C.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.42480 of 2022(2) dt.03-11-2022 2/2 that the antecedent of the petitioner is clean and he is in custody since 31.05.2022.
Upon specific query, it has been stated that charge has not been framed in this case till date.
Learned counsel for the State opposes the prayer for bail and submits that petitioner is the husband and allegation of dowry death is there in the F.I.R.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner therefore, the bail petition of the petitioner is hereby rejected but liberty is hereby granted to the petitioner to renew his prayer for bail 9 months after framing of charge. With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) prakashmani/- U T