Shital Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54103 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Shital Mahto Son of late Balo Mahto @ Baldeo Mahto Resident of Village - Paijuna, P.S.- Akbarpur, Distt - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan Prasad No. 1 For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Akbarpur P.S. Case No. 127 of 2019, registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. It is alleged that all the accused persons including this petitioner committed murder of Anju Kumari sister of informant due to non-fulfillment of demand of dowry.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner is father-in-law of the deceased aged about 70 years. Petitioner has falsely been implicated in this case. There is no specific allegation against this petitioner. Husband of the deceased is already in custody. Petitioner is in custody since 13.06.2019 having clean antecedent. Considering the facts aforesaid, the petitioner above-

Patna High Court CR. MISC. No.54103 of 2019(4) dt.25-10-2019 2/2 named, is directed to be enlarged 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 Additional Chief Judicial Magistrate Ist, Nawada in connection with Akbarpur P.S. Case No. 127 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T