Bindeshwari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45356 of 2022 Arising Out of PS. Case No.-82 Year-2020 Thana- KORMA District- Sheikhpura ====================================================== BINDESHWARI MAHTO Son of Late Paro Mahto R/o vill- Sahara, P.Skorma in the district of Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Korma (Sheikhpura) P.S. Case No. 82 of 2020 registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.

As per prosecution case, petitioner and others concertedly committed the murder of informant's sister by strangulating her neck.

Learned counsel for the petitioner submits that petitioner is in custody since 07.04.2021. Petitioner bears no criminal antecedent. Charge sheet has been submitted in the

Patna High Court CR. MISC. No.45356 of 2022(2) dt.24-11-2022 2/3 case and there is no likelihood of tampering with the prosecution evidence. Petitioner is father-in-law of the deceased and he has no concern with the family affairs of deceased and her husband. Petitioner has been falsely implicated in this case just because he is the father-in-law of the deceased. He further submits that petitioner is aged about 65 years and is suffering from several ailments. There is no specific overt-act attributed against the petitioner and allegation against the petitioner is general and omnibus in nature. Petitioner is quite innocent and has committed no offence as alleged in FIR.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, petitioner being father-in-law of the deceased has no say with family affairs of deceased and her husband, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.45356 of 2022(2) dt.24-11-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Sheikhpura in connection with Korma (Sheikhpura) P.S. Case No. 82 of 2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) alok/- U T