Shashi Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69897 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- PARSAUNI District- Sitamarhi ====================================================== Shashi Kumar Mahto Son of Dinesh Mahto, R/o Village- Dhangar, P.S.- Parsauni, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code.

Petitioner is in custody since 20.08.2018. Petitioner is husband of the victim of murder. There is no eye-witness of the actual occurrence of murder. Death was caused after eight years of marriage. The victim was mother of two children aged about 6 years and 4 1⁄2 years. Some of the witnesses vide para 36 and 37 of the case diary stated that when they reached at the place of occurrence on listening sound of weeping they found that deceased was hanging with ceiling.

Considering the entire facts especially the fact that

Patna High Court CR. MISC. No.69897 of 2018(4) dt.12-04-2019 2/2 there is no directed evidence against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Parsauni P.S. Case No. 12 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Banti/Rajan U T