Mukesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52582 of 2023 Arising Out of PS. Case No.-584 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== MUKESH KUMAR MAHTO SON OF PURAN MAHTO RESIDENT OF VILLAGE- CHANDAULI, PS- TAJPUR (WAINI OP.), SAMASTIPUR, BIHAR-848101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Tajpur P.S. Case No.584 of 2022 registered for the offence under Sections 341, 323, 325, 354B, 498A, 304B/34 of the Indian Penal Code.

3.

The allegation against the petitioner is to have committed murder of the daughter of the informant, due to non-fulfillment of demand of dowry.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that there is eyewitness in support of the allegations against the petitioner. It is

Patna High Court CR. MISC. No.52582 of 2023(7) dt.20-02-2024 2/3 also submitted that allegation against this petitioner is general and omnibus in nature. It is also submitted that other co-accused persons, who is father of the petitioner has already been granted bail by a learned co-ordinate Bench of this Court through Cr. Misc. No.29564 of 2023 dated 04.07.2023. It is further submitted that the petitioner is a man of clean antecedent and he is in custody since 04.12.2022.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and death of deceased have caused within three years from the date of marriage of the petitioner.

6.

In view of the allegation as made against this petitioner and trial is at advance stage as only two non-official witness and one official witness i.e. doctor is remained for examination, this Court is not inclined to grant bail to the petitioner, at present.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Trial Court is directed to conclude the trial within a period of three months from the date of receipt of a copy of this order, if not concluded then the petitioner shall

Patna High Court CR. MISC. No.52582 of 2023(7) dt.20-02-2024 3/3 granted bail by the Trial Court itself, if cooperated by the defence.

(Ramesh Chand Malviya, J) S.Katyayan/- U T