Rambabu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57617 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- BHANGHA District- West Champaran ====================================================== RAMBABU MAHTO SON OF BHARAT MAHTO R/O VILL- SHERWA PS BHANGAHA DISTRICT WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Bhanga P.S. Case no.65 of 2022 registered under sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that his daughter who was married to the petitioner herein was tortured and assaulted for nonfulfilment of demand of motorcycle and ultimately the informant was informed that she hanged herself.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on account of being the husband of the deceased. The postmortem report does not show any external injury and the
Patna High Court CR. MISC. No.57617 of 2023(3) dt.09-11-2023 2/2 cause of death is asphyxia due to hanging. The petitioner is in custody since 21.2.2023 and undertakes to cooperate in the trial.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the material that has transpired in course of investigation and the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his prayer for bail after six months or framing of charge whichever is later.
(Partha Sarthy, J) Bibhash/- U