Jitendra Mahto @ Jitendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39919 of 2020 Arising Out of PS. Case No.-365 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== JITENDRA MAHTO @ JITENDRA Son of Brij Nandan Mahto Resident of Village - Madhurapur, P.S.- Bidupur, Distt.- Vaishali. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Singh, Advocate.

For the State :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 24/26.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No.365 of 2019 registered under Sections 304(B) and 201 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Vaishali at Hajipur. The accusation is of killing the deceased Hina Devi, the daughter of the informant Ram Ratan Mahto, by her

Patna High Court CR. MISC. No.39919 of 2020(2) dt.16-07-2021 2/2 husband (petitioner) and other in-laws for non-fulfillment of the dowry demand of motorcycle, while the deceased was blessed with a male issue after the marriage.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased, the daughter of the informant, and he has falsely been implicated in this case due to misunderstanding. After realizing the real fact, the informant has also filed a compromise petition. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T