Patna High CourtCR. MISC./1716/2018bail granted

Raj Narayan Mahto v. The State Of Bihar

2018-03-07Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1716 of 2018 Arising Out of PS. Case No.-94 Year-2017 Thana- SAHIYARA District- Sitamarhi ====================================================== Raj Narayan Mahto S/o Late Saukhilal Mahto, R/o Village- Maudah, P.S.- Sahiyara, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. SRI ARUN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Sahiyara P.S. Case No.94 of 2017, registered under Sections 304B/34 of the Indian Penal Code.

Allegation in brief is that the petitioner wanted to marry with another girl, so killed his wife with whom he was married ten years back and also there was allegation of making demand of motorcycle and money.

Learned counsel for the petitioner submits that Section 304B IPC is not applicable as in the FIR itself, it is mentioned that marriage was solemnized ten years back, petitioner's wife caught accidental fire while preparing meal and the petitioner is in custody since 10.06.2017.

Patna High Court Cr.Misc. No.1716 of 2018(4) dt.07-03-2018 2/2 Having considered the said facts and circumstances, petitioner Raj Narayan Mahto is directed to 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, Sitamarhi in connection with Sahiyara P.S. Case No.94 of 2017, subject to the condition that he shall remain physically present before the trial court on each and every date and if he absents himself on two consecutive dates without any reasonable ground, his bail bond shall liable to be cancelled. (Arun Kumar, J) S.KUMAR/- U T