Jageshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53610 of 2021 Arising Out of PS. Case No.-45 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Jageshwar Mahto Son Of Jagdish Mahto Resident Of Vill-. Bifipur, Manora, Manora Mahawadpur, Paterha, P. S. -BELSAR, District -VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Masoom Alam, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Vaishali P.S. Case No.45 of 2020, registered for the offence under Sections 304(B),34 of the IPC.

Allegation against the petitioner is that due to nonfulfillment of demand of dowry, the petitioner along with other accused persons killed the daughter of the informant. Learned counsel for the petitioner submits that he has clean antecedent and has falsely been implicated in the present case. He further submits that petitioner is father-in-law of the

Patna High Court CR. MISC. No.53610 of 2021(3) dt.04-04-2022 2/3 deceased. There is general and omnibus allegation against the petitioner. There is no specific allegation of assault and overt act against the petitioner and the police after investigation submitted charge-sheet against the petitioner. The petitioner is in custody since 04.06.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the fact and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Vaishali P.S.Case No.45 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall

Patna High Court CR. MISC. No.53610 of 2021(3) dt.04-04-2022 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) khushbu/- U T