Baleshwar Mahto @ Baleshar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48833 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -NARHAT District- NAWADA ====================================================== Baleshwar Mahto @ Baleshar Mahto Son of Late Teko Mahto, Resident of Village - Kopin, P.s. - Sitamarhi, District - Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Navin Kr. Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 09-11-2015 The petitioner, father-in-law of the deceased, apprehends his arrest in a case under sections 302/34 of the Indian Penal Code on the allegation that he along with his family members killed informant's sister and cremated the dead body secretly. Informant has further alleged that the son of petitioner had contracted another marriage on account of which he started torturing his sister and finally with help of other family members he killed her.

The petitioner submits that he is about 70 years old and the marriage had taken place ten years back, out of which the deceased had three children. He submits that the allegation is false as informant's sister died due to injuries sustained by her in the head caused by fall in bath room, for which she was being treated in Sadar Hospital, Nawada. Husband of the deceased is already in custody. There is no previous complaint of any

Patna High Court Cr.Misc. No.48833 of 2015 (2) dt.09-11-2015 2/2 torture against him.

In the circumstances, let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.5000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Nawada in Narhat (Sitamarhi) Police station Case No. 59 of 2015. Petitioner would cooperate in the trial which would be expedited.

Shashi.

(Samarendra Pratap Singh, J) U T