Ramesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12071 of 2016 Arising Out of PS.Case No. -196 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Ramesh Kumar Mahto, Son of Amawas Mahto, Resident of VillageTewtha, Police Station- Maharajganj, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Nitya Nand Tiwari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Maharajganj P.S. Case No. 196 of 2014 registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

This case has been lodged on the basis of complaint petition dated 12.06.2014 for the occurrence of 08.06.2014 with allegation that Kumari Pramila, the daughter of the informant was married to the petitioner in the year 2012 and allegedly, due to non-fulfillment of demand of dowry by way of cash of Rs. 2,00,000/-, Pulsar motor-cycle and gold chain, the petitioner and other in-laws used to torture her and

Patna High Court Cr.Misc. No.12071 of 2016 (3) dt.02-05-2016 2/3 ultimately, she was killed and her dead body was also cremated.

Submission is of false implication and that the wife of the petitioner died due to illness, the informant was present at the time of cremation but thereafter, only with a view to take some advantage, the complaint case was lodged, the learned counsel for the petitioner has referred paras 6 to 11 of the case diary.

The learned A.P.P. submits that the petitioner is the husband.

In the facts and circumstances stated above, considering that charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, II, Siwan in connection with Maharajganj P.S. Case No. 196 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on

Patna High Court Cr.Misc. No.12071 of 2016 (3) dt.02-05-2016 3/3 each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) ajaypd./- U T