Patna High CourtCR. MISC./44628/2015bail granted

Pradeep Mahto v. State Of Bihar And ANR

2015-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44628 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pradeep Mahto S/o Baidyanath Mahto Resident of Village - Mahmadda, P.S. - Pipra Kothi, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shiv Shankar Mahto S/o Late Ramdeo Mahto Vill.- Chandrahiya, P.S.- Motihari Muffasil, Dist. - East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. Allegation against the petitioner is to have tortured, assaulted and killed sister of the informant by administering poison.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 25.7.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. The alleged occurrence is said to have taken place after 17 years of marriage of the petitioner. There is no specific allegation made against the petitioner. Merely on the basis of suspicion petitioner has been made accused in the present case. A supplementary affidavit (Annexure-2) has been filed. From perusal of the same it appears that informant has filed a petition before the court below

Patna High Court Cr.Misc. No.44628 of 2015 (3) dt.21-12-2015 2 / 2 where it has been admitted that the present case has been filed due to mistake of fact.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra Kothi P.S. Case no. 49 of 2015 /G.R. case no. 2146 of 2015. (Sudhir Singh, J) sudip/- U T