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Patna High CourtCR. MISC./45868/2023bail granted

Yogendra Mahto @ Jogendra Mahto v. The State Of Bihar

2023-08-16Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45868 of 2023 Arising Out of PS. Case No.-28 Year-2021 Thana- AURAI District- Muzaffarpur ====================================================== YOGENDRA MAHTO @ JOGENDRA MAHTO SON OF GANGA MAHTO RESIDENT OF VILLAGE- PANAPUR, P.S.- AURAI, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-08-2023

1. Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Aurai P.S. Case No. 28 of 2021, registered for the offences punishable under Sections 304B, 201, 34 of the Indian Penal Code.

3. As per allegation, the daughter of the informant was married to co-accused Bablu Mahto in the year 2014. Babloo Mahto and his family members including the present petitioner had murdered the daughter of the informant on 22.02.2021 for non-fulfillment of demand of dowry.

4. At the very outset, the learned counsel for the petitioner has submitted that the petitioner is innocent and has

Patna High Court CR. MISC. No.45868 of 2023(3) dt.16-08-2023 2/2 falsely been implicated in this case. He is father-in-law of the deceased, having no concern with day-to-day affairs of the couple and main accused (husband of the deceased Babloo Mahto) has been acquitted in Session Trial No. 487 of 2022 as the witnesses turned hostile.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Aurai P.S. Case No. 28 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T