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Patna High CourtCR. MISC./52366/2025bail granted

Aklu Mahto v. The State Of Bihar

2025-08-11Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52366 of 2025 Arising Out of PS. Case No.-41 Year-2024 Thana- MUSAHARI District- Muzaffarpur ====================================================== Aklu Mahto S/O Late Kamal Mahto Resident of village- Mushari @ Radha Nagar, P.S.- Mushahari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Musahari P.S. Case No. 41 of 2024 dated 09.02.2024 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with his family members tortured and killed his daughter-in-law (deceased) for the demand of dowry. The deceased was married to the son of the petitioner eight years ago.

4. At the very outset, learned counsel for the petitioner submits that the husband, namely, Guddu Kumar

Patna High Court CR. MISC. No.52366 of 2025(2) dt.11-08-2025 2/3 @ Guddu Mahto and mother-in-law of the deceased, namely, Asha Devi have been acquitted vide judgment dated 04.06.2025 passed in Sessions Trial Nos. 90 of 2025 and 436 of 2024 respectively.

5. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is the father-inlaw of the deceased. It is submitted that on the date of judgment of Trial Court i.e. 04.06.2025, the petitioner was arrested. It is also submitted that there is no specific allegation against the petitioner, rather, the allegation against the petitioner is general and omnibus. It is submitted that during pendency of the trial, the mother-in-law, namely, Asha Devi was granted bail vide order dated 26.06.2024 passed in Criminal Miscellaneous No. 43738 of 2024 by a co-ordinate Bench of this Court. Lastly, it has been submitted that the petitioner is in custody since 04.06.2025, having no criminal antecedent and charge-sheet has been submitted in the case.

6. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.52366 of 2025(2) dt.11-08-2025 3/3

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Muzaffarpur (East) in connection with Mushari P.S. Case No. 41 of 2024. (Khatim Reza, J) prabhat/- U T