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Patna High CourtCR. MISC./50119/2022allowed

Sunil Kumar Mahto v. The State Of Bihar

2023-01-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50119 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Sunil Kumar Mahto Son Of Late Vidya Mahto R/V- Lohari, P.S- Chapra Muffasil, Dist- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chapra Muffasil P.S. Case No. 183 of 2022 registered under sections 302, 120-B, 201and 34 of the Indian Penal Code.

Allegation against the petitioner is of commission of murder of the informant's daughter by pressurizing for demand of share in land property from paternal house. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para 3 of the petition that petitioner has got no criminal antecedent. It is submitted that there is no previous complaint in respect of harassment, torture and causing assault

Patna High Court CR. MISC. No.50119 of 2022(3) dt.19-01-2023 2/2 to the deceased before her death. It is also submitted that the Annexure-2 which is application given by the daughter of the deceased to the Concerned Court that due to illness her mother(deceased) died, and she also stated that the petitioner and villagers cremated and performed last rites in respect of deceased. There is no any consistent evidence in this case that corroborates the complicity of the petitioner in the murder of his wife(deceased). The petitioner is languishing in judicial custody since 11.03.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chapra Muffasil P.S. Case No. 183 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.

(Sunil Kumar Panwar, J) shubham/- U T