Pashuram Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55812 of 2023 Arising Out of PS. Case No.-459 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Pashuram Mahto Son Of Late Dukhit Mahto Resident Of Vill Chakki Sohagpur, Ps Paroo, District Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code.
3. Petitioner along with other accused persons are said to have committed murder of the daughter of the informant by strangulation.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the husband of the deceased has not been made accused in this case. He submits that there is no specific overt act against the petitioner. He submits that the petitioner is 87 years old man suffering from weakness and several old age diseases. He further submits that petitioner has no criminal
Patna High Court CR. MISC. No.55812 of 2023(4) dt.27-02-2024 2/2 antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail submits that there is specific overt act against the petitioner.
6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Paroo P.S. Case No. 459 of 2021.
7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner is 87 years old man and he has no criminal antecedent.
(Anjani Kumar Sharan, J) devendra/- U T