Shankar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2581 of 2021 Arising Out of PS. Case No.-160 Year-2020 Thana- KATRA District- Muzaffarpur ====================================================== SHANKAR MAHTO SON OF SURAJ MAHTO RESIDENT OF VILLAGEKHANGURA DIH, POLICE STATION- KATRA, DISTRICTMUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Namrata Mishra, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-06-2021 Heard Ms. Namrata Mishra, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Katra P.S. Case No. 160 of 2020 registered for the offences punishable under Section(s) 306, 509 and 354(A) of the Indian Penal Code, 1860.
The allegation against the petitioner as per the First Information Report is that the petitioner used to tease the cousin of the informant and one objectionable photograph of her was uploaded on the Facebook account by the petitioner, due to which, she committed suicide.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2581 of 2021(4) dt.16-06-2021 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to village rivalry. Learned counsel further submits that from perusal of the First Information Report, it would be evident that the FIR has been lodged after delay of about four days from the date of occurrence and at the time of death of the deceased, no information and/or U.D. case was registered by the side of the prosecution. Learned counsel next submits that it is an after thought on the part of the informant to falsely implicate the petitioner in the present offence. Learned counsel also submits that the petitioner has got no criminal antecedent and he is in custody since 27.7.2020.
Learned counsel next submits that charge sheet has already been submitted in the matter. Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the First Information Report has been lodged after delay of four days and the petitioner is in custody since 27.7.2020 and the charge sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.2581 of 2021(4) dt.16-06-2021 3/3 satisfaction of learned Sub Judge-15-cum-ACJM-14, Muzaffarpur, in connection with Katra P.S. Case No. 160 of 2020.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T