Patna High CourtCR. MISC./60996/2023bail rejected

Sunil Mahto v. The State Of Bihar

2024-02-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60996 of 2023 Arising Out of PS. Case No.-7 Year-2021 Thana- MASHRAK District- Saran ====================================================== Sunil Mahto S/O Gulab Mahto R/O Village- Bali Bishunpura, P.S- Mashrakh, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mashrakh P.S. Case No. 07 of 2021, lodged on 03.01.2021 under Sections 304(B)/302/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 9 named accused persons including the present petitioner. The allegation against the present petitioner is that he killed the informant's daughter for demand of dowry. In this case, all family members of the petitioner were made accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the antecedent of the petitioner is not clean and there is only one criminal case pending against him. The

Patna High Court CR. MISC. No.60996 of 2023(4) dt.27-02-2024 2/2 petitioner is in custody since 26.03.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Upon specific query of the Court from the counsel for petitioner that whether charge has been framed in this case or not, counsel submits that he is not aware that whether charge has been framed or not.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Mashrakh P.S. Case No. 07 of 2021, pending before the learned Judicial Magistrate 1st Class, Saran at Chapra is hereby rejected.

9. Liberty is hereby granted to the petitioner that he may renew his prayer for bail nine months after framing of charge.

10. The Trial Court is directed to expedite the trial. (Dr. Anshuman, J.) Divyansh/- U T