Shiv Narayan Mahto @ Narayan Mahto @ Narayan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28384 of 2016 Arising Out of PS.Case No. -36 Year- 2014 Thana -KORMA District- SEKHPURA ====================================================== Shiv Narayan Mahto @ Narayan Mahto @ Narayan Kumar Son of Devendra Mahto @ Dhondhi Mahto, resident of village- Pali, P.S. - Birupur, District- Lakhisarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 302 and 379/34 of the Indian Penal Code. Petitioner happens to be husband of the deceased whereas informant is mother-in-law of the petitioner. It is said that on 28.4.2014, informant along with some friends went to the house of the petitioner and called the victim to send the deceased. Subsequently, informant sent the deceased to her home but petitioner and his associates committed murder of the deceased and fled away from there. The informant saw the petitioner and his associate fleeing from the place of occurrence. Admittedly, the

Patna High Court Cr.Misc. No.28384 of 2016 (4) dt.27-10-2016 2/2 deceased died at her natal place.

Learned counsel for the petitioner referred paragraph76 of the case diary to show that the tower location of mobile of the petitioner was never found in village Bhadausi rather in the night of 28.4.2014, the tower location of the mobile of the petitioner was found at different places which are said to be situated near village Bhadausi. Moreover, investigation against the petitioner has already been completed and none has seen the actual killing of the deceased and the mother of the petitioner claimed that deceased was killed by the informant as well as her other family members themselves.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Pandey, District and Sessions Judge, Sheikhpura in connection with Korma P.S. Case No.36 of 2014. (Hemant Kumar Srivastava, J) N.H./- U T