Gyani Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45401 of 2015 Arising Out of PS.Case No. -209 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Gyani Mahto son of late Arjun Mahto, resident of village- Bairagi Tola Bakhari, Police Station- Kalyanpur, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302, 201 and 120 (B)/34 of the I.P.C Allegedly, Sangeeta Devi, the daughter-in-law of the informant, was killed and her dead body was found thrown. Near the dead body her daughter Kajal was also there and it is claimed that the petitioner and other co-accused have killed her and earlier they have caused threats also as she has lodged case against the petitioner and others for outraging her modesty. Submission is of false implication and that besides suspicion there is nothing against him, the confessional statement

Patna High Court Cr.Misc. No.45401 of 2015 (4) dt.29-01-2016 2/2 of co-accused Ashok Kumar Yadav naming the petitioner has got no evidentiary value in the eye of law and only on suspicion he is suffering in custody since 30.07.2015.

The learned A.P.P. submits that the petitioner is named and further the co-accused confessing his guilt has named the petitioner also.

In the facts and circumstances as stated above, considering that there is no direct evidence against the petitioner and as such considering his detention, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri D. Kumar, J.M. 1st Class, Motihari DistrictEast Champaran in Kalyanpur P.S. Case No. 209 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T