Mahendra Khatway v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43380 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- KHIRHAR District- Madhubani ====================================================== Mahendra Khatway Son of Ramakhelavan Khatway Resident of villageSonai, P.s- Khirhar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. A.G., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Khirhar P.S. Case No. 55 of 2021 registered for the offences punishable under Sections 304(B) and 120(B) of the Indian Penal Code.

As per the prosecution, the informant's daughter was subjected to torture for the demand of a colour T.V. and a buffalo by this petitioner and his family members and finally they strangulated the victim to death on account of their demand having been not fulfilled by the victim.

Patna High Court CR. MISC. No.43380 of 2022(2) dt.23-11-2022 2/3 The main submissions advanced by learned counsel Mr. Murari Narain Chaudhary appearing for the petitioner are that the petitioner is father-in-law of the deceased and he has been falsely implicated in this case with an ulterior motive, in fact the petitioner's co-villagers namely Ajeet Kumar Khatve and Ram Lal Khatve abducted the daughter-in-law (victim) of the petitioner for which Khirhar P.S. Case No. 54 of 2021 was lodged and that case was found true by the police after investigation and as the daughter-in-law of the petitioner was abducted by the said villagers and they killed the victim after abduction so after getting the knowledge of the said facts the informant appeared before the police for supporting the said facts.

Learned APP Mr. A.G. appearing for the State has opposed the bail prayer.

In view of the above submissions and mainly considering the petitioner's custody period and also the fact that he is stated to be father-in-law of the deceased and in the FIR against him there is no specific allegation of dowry demand and the informant simply raised suspicion against the petitioner and the co-accused person, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let

Patna High Court CR. MISC. No.43380 of 2022(2) dt.23-11-2022 3/3 the petitioner 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 concerned Court in Connection with Khirhar P.S. Case No. 55 of 2021.

(Shailendra Singh, J.) Prashant/- U T