Patna High CourtCR. MISC./59430/2023bail granted

Malakh Mahto v. The State Of Bihar

2023-11-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59430 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- SARMERA District- Nalanda ====================================================== Malakh Mahto Son Of Late Mahadeo Mahto Resident Of Village - Ahiyapur, P.S. - Sarmera, District - Nalanda ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dineshwar Mishra For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 304B/34/201 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is of killing the deceased for demand of dowry and torture.

4. Learned counsel for the petitioner submits that petitioner is the husband of the deceased and marriage was solemnized in the year 2014. He further submits that from the wedlock a son and a daughter were born and the son died due to which the deceased was in depression and she has committed suicide. The petitioner is in custody since 24.02.2023.

Patna High Court CR. MISC. No.59430 of 2023(3) dt.08-11-2023 2/2

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. 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 the learned J.M.F.C., Bihar Sharif at Nalanda/concerned Court below in connection with Sarmera P.S. Case No. 216 of 2022 subject to conditions that:- 7(i) The petitioner shall co-operate in the trial and shall be properly represented personally or through his lawyer on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U T