Rajendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3012 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== RAJENDRA MAHTO SON OF LATE RAMANAND MAHTO R/O VILLAGE- SODA GODAM KOTHIA, P.S.- AWTAR NAGAR, DISTRICTSARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rina Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-03-2021 Heard both parties.

The petitioner seeks bail in Awtar Nagar P.S. Case No. 123 of 2020 corresponding to Sessions Trial No. 234 of 2020, registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

As per the prosecution case, daughter of the informant was married with co-accused Ramchandra Mahto in the year 2018. After marriage, this petitioner along with other co-accused used to torture the daughter of informant for dowry. Ultimately, on 22.05.2020 the informant got information on mobile that her daughter has been killed by the accused persons including this petitioner due to non-fulfillment of demand of dowry and disposed of her dead body.

Patna High Court CR. MISC. No.3012 of 2021(2) dt.15-03-2021 2/3 It is submitted on behalf of the petitioner that petitioner is father-in-law of the deceased and he is living separately and has no concern with the family affairs of the deceased and her husband. There is general and omnibus allegation. Petitioner is in custody since 24.05.2020 having no criminal antecedent. Chargesheet has already been submitted. Considering the facts and circumstances of the case and the fact that petitioner is father-in-law of the deceased and there is general and omnibus allegation, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge X, Saran in connection with Awtar Nagar P.S. Case No.

123 of 2020 corresponding to Sessions Trial No. 234 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.3012 of 2021(2) dt.15-03-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T