Laldev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63849 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Laldev Mahto S/O Late Anup Mahto R/O Village- Bedaulia, Ps. Jandaha, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Subhash Kumar, Advocate For the State :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in connection with Jandaha P.S. Case No. 99 of 2023 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3.

There is an allegation that the informant's daughter was married to the petitioner's son, ten years prior to the institution of the FIR. It is alleged that altogether nine of the family members have killed the informant's daughter and cremated the body to conceal the evidence.

4.

Learned counsel for the petitioner submits that being father-in-law, the petitioner has been implicated, though he has no concern with the affairs of the deceased with her

Patna High Court CR. MISC. No.63849 of 2023(2) dt.17-10-2023 2/3 husband. Falsity of the allegation is obvious from the lack of details in the prosecution case, even the date of alleged occurrence has not been stated. The petitioner has no antecedents.

5.

Learned APP has opposed the prayer for bail and submits that the husband is traceless till date as is obvious from the order rejecting the petitioner's prayer for anticipatory bail by the court of learned Sessions Judge, Vaishali. 6.

Considering the rival submissions, the nature of allegations, the petitioner's relationship with the deceased and her husband, clean antecedents, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of learned counsel for the petitioner. 7.

Petitioner's prayer for anticipatory bail is allowed. 8.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 Judicial Magistrate Ist Class, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 99 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.63849 of 2023(2) dt.17-10-2023 3/3 Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T