Patna High CourtCR. MISC./33982/2016bail granted

Akhilesh Mahto v. The State Of Bihar

2016-09-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33982 of 2016 Arising Out of PS.Case No. -279 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Akhilesh Mahto son of Madan Mahto resident of Village- Majhiya, P.S.- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 328 and 304(B)/34 of the Indian Penal Code. The allegation against the petitioner and other coaccused is of killing the daughter of the informant for non fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since15.03.2016. Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no substantive evidence to suggest the implication of the petitioner in the present case. In

Patna High Court Cr.Misc. No.33982 of 2016 (3) dt.27-09-2016 2/2 para 60 of the case diary it has been submitted that the informant has filed a petition stating that the present case has been instituted due to mistake of fact.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the facts and circumstances of the case, let, above named petitioner, 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 learned Sub-divisional Judicial Magistrate,Vaishali at Hajipur in connection with Goraul P.S.Case No. 279 of 2015.

(Sudhir Singh, J) singh/- U T