Dinanath Mahato @ Dinanath Prsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65841 of 2021 Arising Out of PS. Case No.-504 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== DINANATH MAHATO @ DINANATH PRSAD Son of Ganesh Prasad Mahato Resident of Village - Hardiya, P.O. and P.S. - Mufassil (Barvat Sena, Bettiyah), Bettiah and District - West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammed Abu Haidar, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that his daughter was married to Vijay Prasad about 15 years back and out of the wedlock, two children were born, further her husband used to torture her. It is further alleged that on 19.08.2020, an information was received by the informant's son on his mobile that the deceased has been killed

Patna High Court CR. MISC. No.65841 of 2021(2) dt.12-04-2022 2/2 by the accused persons, including the petitioner, on account of quarrel which took place last night and the dead body has been cremated.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated, the marriage was 15 years old, the petitioner is elder brother-in-law (bhaishur) of the deceased and the entire allegation hinges around suspicion as the informant is not an eye-witness to the occurrence. It is further submitted that the petitioner is separate in mess and property with the husband of the deceased.

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

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted in the case and is the elder brother-in-law of the deceased, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bettiah Muffasil P.S. Case No. 504 of 2020. (Satyavrat Verma, J) Rishi/- U T