Ajay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62850 of 2022 Arising Out of PS. Case No.-185 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== AJAY KUMAR MAHTO S/O Surya Naryan R/O Village- Paroriya, Ward No6, P.S- Ujiyarpur, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brisketu Sharan Pandey For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 304 and 201 of the Indian Penal Code.

The allegation against the petitioner is of killing the daughter of the informant by strangulating, beating and thrusting.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He submitted that there is

Patna High Court CR. MISC. No.62850 of 2022(4) dt.04-04-2023 2/3 no prior complaint relating to misbehaving and assaulting to the deceased by the petitioner. There is no eye-witness to the said occurrence, only on the basis of suspicion, the petitioner has been implicated in the present case. Marriage was solemnized between the petitioner and the deceased eleven years ago and had three children out of the wedlock. There is no look after the children upon the death of their mother. He further submitted that the actual reason for death is that owing to monsoon and rainy season, there was water accumulated in the courtyard and when the deceased went to courtyard in the early morning, she slipped over the back side of her head. Thereafter, the family members reached there, she was unconscious and was found dead shortly. The petitioner is languishing in judicial custody since 27.06.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ujiyarpur P.S. Case No. 185 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.62850 of 2022(4) dt.04-04-2023 3/3 each to the satisfaction of learned Additional District and Session Judge, Dalsinghsarai at Samastipur.

(Sunil Kumar Panwar, J) arish/- U T